Remanded

Sachida Kumar Singh v. The Bihar State Food and Civil Supplies Corporation Ltd. and Ors.

Patna HC17 Jul 2019CWJC/5010/2019

Case brief

AI extract

What is this about?

Petitioner challenged a certificate order as unreasoned and violating natural justice. Court set aside the order for violation of natural justice and remanded matter to officer for reasoned decision within 90 days, leaving notice issues open. Writ petition disposed off.

What did the court decide?

Impugned order set aside; matter remitted to Additional Collector-cum-Certificate Officer for fresh reasoned order within 90 days; writ and IA disposed of.

Sachida Kumar Singh Vs The Bihar State… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5010 of 2019

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======================================================

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Sachida Kumar Singh Son of Sri Krishna Kumar Singh Resident of Village Mairwa, P.S.-Daudpur, District-Saran at Chapra.

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... ... Petitioner/s

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Versus

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The Bihar State Food and Civil Supplies Corporation Ltd. Khadya Bhawan, Daroga Rai Path, Patna, District-Patna.

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The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, Patna, District-Patna.

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The Chief of Administration, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, Patna, District-Patna.

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The Chief of Claims, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, Patna, District-Patna.

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The Chief of Finance, Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Rai Path, Patna, District-Patna.

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The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Chapra, P.O. and P.S.-Chapra, District-Saran at Chapra.

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The Additional Collector- Cum-District Certificate Officer, Saran at Chapra, District-Saran at Chapra.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.R.S. Pradhan, Sr.Adv. For the State : Mr.Arvind Ujjwal (SC4) For the BSFC : Mr. Shailendra Kumar Singh, Adv. Mr. Harish Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 17-07-2019 Petitioner, in the present case, is aggrieved by the order dated 24.10.2018 passed by the Additional Collector-cumCertificate Officer, Saran, Chapra in Certificate Case No.1 of 2017-18. He has moved this Court for quashing of the entire certificate proceeding as also notice dated 24.01.2018 issued by the Certificate Officer. One of the grounds for setting aside of the impugned order is that the same has been passed without

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Patna High Court CWJC No.5010 of 2019(2) dt.17-07-2019 2/4

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considering the submissions made on behalf of the petitioner and is in complete violation of the principles of natural justice being a totally unreasoned order.

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Mr. Pradhan, learned senior counsel for the petitioner has taken this Court through the impugned order as contained in Annexure-P-5 and submits that a bare perusal thereof would show that what certificate officer has done is that he has simply recorded the submissions of both the parties in four pages and thereafter at the end he has given his opinion in one paragraph which reads as under:-

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^^mijksDr rF;ksa ds foospuk djus ds i”pkr~ ;g U;k;ky; nsunkj ds }kjk nkf[ky vkifÙk i= dks [kkfjt djrs gq, bl fu’d’kZ ij igqprk gS fd nsunkj ij xcu dh xbZ jkf”k eks0 48]83]570-28 :0 ¼vM+rkfyl yk[k rhjklh gtkj ikWp lkS lÙkj :i;as vBkbl iSls½ dh olwyh gsrq dkj.k i`PNk fuxZr djsaA okn fnukad 20-12-18 dks j[ksA**

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Learned senior counsel submits that on the face of it

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being a totally unreasoned order without consideration of the submissions of the petitioner it is liable to be quashed.

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Mr. Shailendra Kumar Singh, learned counsel for the Corporation as also learned counsel for the State submit that in the given facts and circumstances where it is evident from the impugned order that it is without jurisdiction and suffers from non-consideration of the submissions of the petitioner and the opposite parties, the matter may be remanded to the Additional

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Patna High Court CWJC No.5010 of 2019(2) dt.17-07-2019 3/4

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Collector-cum-Certificate Officer, Saran, Chapra for a fresh consideration and passing of a reasoned order within the stipulated period.

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Having heard learned counsel for the petitioner, the Corporation and the State, in the given facts and circumstances of the case where this Court finds that the impugned order does not contain any reason and in fact after taking note of the stand of the parties the certificate officer has simply recorded his opinion in one paragraph without any consideration, this Court has no hesitation in coming to a conclusion that the impugned order suffers from the vice of the violation of the principles of natural justice and is fit to be set aside. The impugned order, as contained in Annexure-P-5, is hereby set aside. The matter is remitted to the Additional Collector-cum-Certificate Officer, Saran, Chapra to pass a fresh reasoned order after considering all the submissions of the parties which have been advanced before him. In view of the remand of the matter, the issue raised by the petitioner with regard to infirmities in the notice are left open to be considered by the certificate officer.

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Let the whole exercise be completed within a period of 90 days from the date of receipt/production of a copy of this order. The warrant of arrest said to have been issued against the

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Patna High Court CWJC No.5010 of 2019(2) dt.17-07-2019 4/4

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petitioner shall not be executed.

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The writ application as well as I.A. shall stand

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disposed off.

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(Rajeev Ranjan Prasad, J)

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arvind/-

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Sachida Kumar Singh v. The Bihar State Food and Civil Supplies Corporation Ltd. and Ors.

Case brief

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Sachida Kumar Singh v. The Bihar State Food and Civil Supplies Corporation Ltd. and Ors.

Case brief

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