The High Court of Patna, in an oral order, quashed certificate case proceedings and notice relied upon a prior judgment of the same court dated 22.07.2014 in Sone Valley Rice Mill vs State of Bihar. Corporation reserves right to realize the amount.
Certificate Case No. 17 of 2013-14 including notice dated 17.02.2014 is quashed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5386 of 2014
====================================================== Shailesh Kumar S/O Sri Surendra Pratap Singh Proprietor Of Katyayni Mini Rice Mill Nauras (Kudra), P.S. - Kudra, District - Kaimur , Residing At Village - Nauras, P.S. - Kudra, District - Kaimur At Bhabua
.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Food , Supply And Commerce Department, Government Of Bihar, Patna 3. The Principal Secretary, Food And Consumer Protection Department, Government Of Bihar, Patna 4. The Managing Director, Bihar State Food And Civil Supply Corporation, Bihar, Patna 5. The District Magistrate-Cum-Collector, Kaimur (Bhabua) 6. The District Manager, Bihar State Food And Civil Supply Corporation, Kaimur (Bhabua) 7. The District Supply Officer, Bihar State Food And Civil Supply Corporation, Kaimur (Bhabua) 8. The Certificate Officer, Kaimur At Bhabua Null Null .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Nandan Sahay, Adv For the B.S.F.C : Mr. R.S. Pradhan, Sr. Adv with Mr. Shailendra Kumar Singh, Adv. For the State : Mr. Amrendra Narayan Rai, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
Valley Rice Mill vs the State of Bihar & Ors) .
That being so, the entire impugned proceeding in
Patna High Court CWJC No.5386 of 2014 (4) dt.22-07-2014
2
Certificate Case No. 17 of 2013-14 including the notice dated 17.02.2014 (Annexure-2) is hereby quashed. Nothing said in this order, however, will come in the way of Bihar State Food and Civil Supplies Corporation in realization of the amount in question involved in this certificate case by taking any other recourse against the petitioner as may be permissible in law.
(Mihir Kumar Jha, J)
Ranjan/U
1 issue framed by the court
Whether the certificate proceedings including notice dated 17.02.2013-14 are covered by a prior judgment and require to be quashed.
Colour shows how this judgement treated each authority
Sone Valley Rice Mill vs the State of Bihar & OrsApplied¶7
C.W.J.C No. 13746 of 2013 (Sone Valley Rice Mill vs the State of Bihar & Ors) dated 22.07.2014
Shailesh Kumar S/O Sri Surendra Pratap Singh
The State Of Bihar
The Principal Secretary, Food , Supply And Commerce Department, Government Of Bihar, Patna
The Principal Secretary, Food And Consumer Protection Department, Government Of Bihar, Patna
The Managing Director, Bihar State Food And Civil Supply Corporation, Bihar, Patna
The District Magistrate-Cum-Collector, Kaimur (Bhabua)
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
