This order quashes certificate case proceedings and notice based on a prior judgment covered by stare decisis, while preserving the respondent corporation's right to recover dues through other legal waivers. Quality: thin
Impugned proceeding in Certificate Case No. 37(Y) of 2013-14 and notice dated 03.12.2013 are quashed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6520 of 2014
====================================================== Ran Vijay Kumar Son Of Sri Sita Ram Sah Proprietor Of M/S Maa Durga Food Products, Village- Darwan, P.O.- Mohania, District- Kaimur, Bhabhua .... .... Petitioner/s Versus 1. The State Of Bihar Through District Magistrate-Cum-Collector, Kaimur, Bhabua 2. The Certificate Officer-Cum-Senior Deputy Collector, Kaimur, (Bhabua) ………Respondents 1st Set. 3. District Manager, Bihar State Food And Civil Supplies Corporation, Kaimur, (Bhabua). 4. Manager, Bihar State Food And Civil Supplies Corporation Centre, Mohania, Kaimur, (Bhabua) 5. Supervisor Bihar State Food And Civil Supplies Corporation Centre, Mohania, Kaimur, (Bhabua) 6. Assistant Godown Manager, Bihar State Food And Civil Supplies Corporation Centre, Mohania, Kaimur, (Bhabua) 7. Purchase Incharge, Bihar State Food And Civil Supplies Corporation Centre, Mohania 8. Manager Bihar State Food And Civil Supplies Corporation Centre, Durgawati, Kaimur, (Bhabua) 9. Suerpvisor Bihar State Food And Civil Supplies Corporation Centre, Durgawati, Kaimur, (Bhabua) 10. Assistant Godown Manager, Bihar State Food And Civil Supplies Corporation Centre, Durgawati, Kaimur, (Bhabua) 11. Purchase Incharge, Bihar State Food And Civil Supplies Corporation Centre, Durgawati, Kaimur, (Bhabua) .... .... Respondents 2nd Set ====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Pandey, Adv For the B.S.F.C : Mr. R.S. Pradhan, Sr. Adv with Mr. Shailendra Kumar Singh, Adv. For the State : Mr. Kumar Manish SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
It is agreed at the bar that the case in hand is squarely covered by a judgment of this Court dated
Patna High Court CWJC No.6520 of 2014 (3) dt.22-07-2014
2
22.07.2014 passed in C.W.J.C No. 13746 of 2013 (Sone Valley Rice Mill vs the State of Bihar & Ors) .
That being so, the entire impugned proceeding in Certificate Case No. 37(Y) of 2013-14 including the notice dated 03.12.2013 (Annexure-17) 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
Ran Vijay Kumar
State Of Bihar Through District Magistrate-Cum-Collector, Kaimur
The Certificate Officer-Cum-Senior Deputy Collector, Kaimur
District Manager, Bihar State Food And Civil Supplies Corporation, Kaimur
Manager, Bihar State Food And Civil Supplies Corporation Centre, Mohania
Supervisor Bihar State Food And Civil Supplies Corporation Centre, Durgawati
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
