Haripada Das vs The State Of Bihar And Ors
2025 Latest Caselaw 213 Patna

Patna High Court

Haripada Das vs The State Of Bihar And Ors on 12 May, 2025

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.12795 of 2017
     ======================================================
     Haripada Das Son of late Sushil Kumar Das Resident of Village- Karandighi,
     P.S. Karandighi, District Dinajpur West Bengal, Proprietor M/S Aniket
     Manish rice Mill at Khirkhir Tola, Karandighi, West Bengal.

                                                                 ... ... Petitioner/s
                                         Versus
1.   The State Of Bihar through the Principal Secretary Food Consumer and
     Prtoection Department, Government of Bihar, Patna
2.   The Bihar State Food and Civil Supply Corporation through its Managing
     Director, Sone Bhawan, Birchand Patel Path, Bihar, Patna
3.   The Deputy Chief Claim the Bihar State Food and Civil Supply Corporation,
     Sone Bhawan, Birchand Patel Path, Bihar, Patna
4.   The District Magistrate, Araria.
5.   The District Managar, Bihar State Food and Civil Supply Corporation,
     Araria.
6.   The District Certificate Officer, Araria.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :     Mr. Sanjay Kumar, Advocate
     For the State            :     Mr.S.Raza Ahmad-AAG 5
     For the BSFC             :     Dr. Kislay, Advocate
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                  ORAL JUDGMENT

Date : 12-05-2025

1. Heard the Learned counsel for the

petitioner and the Learned counsel for the

respondents.

2. The petitioner has filed the Writ

petition for the following reliefs:

"(i) For issuance of writ of certiorari for quashing vide Notice No. Patna High Court CWJC No.12795 of 2017 dt.12-05-2025

221 dated 12.07.2017 whereby and whereunder the District Certificate Officer, Araria has issued warrant of Attachment of movable property to petitioner.

(ii) For direction to Respondent namely District Magistrate S.F.C Araria to obey the Hon'ble Court order dated 7.04.2017 passed in C.W.j.C. No. 14158 of 2016. The petitioner is ready to pay dues amount against Balance CMR amount after calculation of quantity of Received paddy by District Manager S.F. Araria.

(iii) And for any other relief for which the petitioner is bound to be entitled in the facts and circumstances of the case.

3. At the outset, the Learned counsel for

the petitioner seeks the indulgence of this Court to

grant liberty to file a representation before

Respondent No. 5 and to direct the respondent

authority to pass necessary orders, duly taking into

account the representation of the petitioner.

4. The Learned counsel for the respondents

reported that he has no objection, if such a Patna High Court CWJC No.12795 of 2017 dt.12-05-2025

direction is given.

5. Having regard to the above made

submissions and without going into the merits or

demerits of the case, the present writ petition is

disposed of granting liberty to the petitioner to file

his representation before the Respondent No. 5

within four weeks from the date of receipt of this

order. Upon such representation being filed, the

respondent authority shall dispose of the same in

accordance with law, within two months from the

date of filing of the representation.

6. It is needless to mention that before

passing any order, the authority concerned shall

give an opportunity of hearing to the petitioner.

Any order passed shall be communicated to the

petitioner.

7. Till the passing of the order by the

concerned respondent, it is directed that no

coercive steps shall be taken against the petitioner

herein.

8. In result, the Writ petition is disposed of.

9. Interlocutory Application(s), if any, shall Patna High Court CWJC No.12795 of 2017 dt.12-05-2025

stand disposed of.

(G. Anupama Chakravarthy, J) Spd/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          14.05.2025
Transmission Date