Patna High Court
Shivraj Bahadur Sinha vs The State Of Bihar And Ors on 8 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12160 of 2017
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Shivraj Bahadur Sinha Son of Late Gauri Shankar Prasad resident of village
Jaiber P.O. Nadghat, P.S. Gaurichak, District- Patna- 7 the then Block Co-
operative Extension Officer, cum in charge sale Centre, Sonbarsa, Block,
Sitamarhi.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Bihar State Food and Civil Supply Corporation through its Managing
Director, Patna.
3. The District Magistrate, Sitamarhi.
4. The District Manager, Bihar State Food and Civil Supply Corporation,
Sitamarhi.
5. The Circle Officer cum enforcement officer Sonbarsa Block, Sitamarhi.
6. The Certificate Officer of the District Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bharat Bhushan, Adv.
For the Respondent/s : Mr.A. Ujjwal - SC4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 08-09-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
"For issuance of appropriate
writ/order/direction in the nature of Writ
of Certiorari, to quash the entire
proceeding of the Certificate Case No.
14/15-16
(Annexure-3 series) whereby
and whereunder the respondent
authority has initiated certificate
proceeding for realization of money by
Patna High Court CWJC No.12160 of 2017 dt.08-09-2025
way of the instant Certificate case of Rs.
2,54,91,004.70/- for the allegation that
the petitioner and his executive
Assistant in the year 2013-14 received
50245.20 quintal paddy crops and out
of which 34455.43 quintal sent to the
mill and remaining 15789.77 quintals of
paddy was not sent to mill. Thus, it was
defalcated by the both staff, whereas
by the Memo No. 140, dated
28.01.2015, the District Magistrate
found that in the year 2013-2014 at
Sonebarsha sale centre 15468.70
quintals of paddy crop was left, which
was not sent to the mill and also stated
that the quality of the paddy crop has
deteriorated, thus there is no question
of any defalcation of paddy crop on the
part of petitioner which are still
available in the sale centre. Thus the
respondent authority has fastened the
guilt to the petitioner of his own fault.
Hence, without any enquiry and
concrete finding of the losses on the
part of this petitioner, initiation of the
Certificate Case is not maintainable in
the eye of law."
2. At the outset, the Learned counsel for
Patna High Court CWJC No.12160 of 2017 dt.08-09-2025
the petitioner seeks indulgence of this Court to
grant liberty to file fresh objections under Section 9
of the Bihar and Orissa Public Demands Recovery
Act, 1914, and direct the authority to pass
necessary orders duly taking into account the
objections filed by the petitioner.
3. The Learned counsel for the
respondents submitted that he has no objection, if
a direction is given to the concerned authority to
pass necessary orders under Section 10 of the Act
duly taking into account the objections filed by the
petitioner.
4. Having regard to the above made
submissions, without going into the merits or
demerits of the case, the present writ petition is
disposed of granting liberty to the petitioner to file
objections under Section 9 before the concerned
authority within a period of four weeks from the
date of receipt of this order. On such objections
being filed, the authority concerned shall pass
necessary orders under Section 10 of the Act.
5. It is needless to mention that before
Patna High Court CWJC No.12160 of 2017 dt.08-09-2025
passing any order, the authority concerned shall
give an opportunity of hearing to the petitioner.
Any order passed shall be communicated to the
petitioner. The entire exercise shall be completed
as expeditiously as possible preferably within a
period of three months from the date of filing of
the objections by the petitioner.
6. Till the passing of the final order by
the Certificate Officer, it is directed that no
coercive steps shall be taken against the petitioner
herein.
7. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 10.09.2025
Transmission Date
