Quashed

Pawapuri Rice Mills v. The State Of Bihar and Ors.

Patna HC22 Jul 2014CWJC/8836/2013

Case brief

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What is this about?

The Patna High Court quashed the impugned proceedings in Certificate Case No. 20 of 2013-14 and the notice dated 07.05.2013 held to be squarely covered by a prior judgment of the same Court. The State is reserved the right to realize the amount through other legal recourse.

What did the court decide?

The entire impugned proceeding in Certificate Case No. 20 of 2013-14 including the notice dated 07.05.2013 is quashed.

Pawapuri Rice Mills Vs The State Of Bihar and Ors. — Patna HC (2014) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8836 of 2013

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====================================================== Pawapuri Rice Mills, Chorsua, Pokharpur, P.S.- Giriyak, District- Nalanda Through Its Partner Dinesh Prasad Gupta S/O Sri Ram Chandra Sao R/O Village- Pokharpur, P.O.- Pawapuri, P.S.- Giriake, District- Nalanda

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.... .... Petitioner/s

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Versus

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1. The State Of Bihar Through Principal Secretary Food And Consumer Protection Department, State Of Bihar, Patna 2. The District Collector/Magistrate, Nalanda 3. The Sub-Divisional Officer, Rajgir, District- Nalanda 4. Bihar State Food And Civil Supplies Corporation Limited, Through Its Chairman 5. The District Manager Bihar State Food And Civil Supply Corporation Ltd., Nalanda 6. The Secretary, Food Corporation Of India, New Delhi 7. The Area Manager, Food Corporation Of India, District- Nalanda

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Mohan Mishra, Adv For the B.S.F.C : Mr. R.S. Pradhan, Sr. Adv with Mr. Shailendra Kumar Singh, Adv. For the State : Mr. Rajiv Roy GP-5 For F.C.I. : Mr. Prabhakar Tekriwal, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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5 22-07-2014 Heard learned counsel for the parties.

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It is agreed at the bar that the case in hand is

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squarely covered by a judgment of this Court dated 22.07.2014 passed in C.W.J.C No. 13746 of 2013 (Sone Valley Rice Mill vs the State of Bihar & Ors) .

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That being so, the entire impugned proceeding in Certificate Case No. 20 of 2013-14 including the notice

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Patna High Court CWJC No.8836 of 2013 (5) dt.22-07-2014

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dated 07.05.2013 (Annexure-6) is hereby quashed.

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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.

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Ranjan/-
U

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(Mihir Kumar Jha, J)

Pawapuri Rice Mills v. The State Of Bihar and Ors.

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Pawapuri Rice Mills v. The State Of Bihar and Ors.

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