Dismissed¶21

Nand Kishore Kapri v. The State of Bihar

Patna HC1 Apr 2024CWJC/7201/2019

Case brief

AI extract

What is this about?

Patna HC CWJC 7201/2019 (decided 01-04-2024), G. Anupama Chakravarthy J — dismissal as infructuous; Certificate Case 41/14-15 under Public Demand Recovery Act 1914 before Certificate Officer, Banka; petitioner released-issue mooted by arbitral Award dated 16.03.2021 in Arbitration (Proceedings) Case 05/2020 following Request Case 170/2018 order dated 08.03.2019; no adverse finding on merits of certificate proceedings; no costs or quantum recorded.

What did the court decide?

In view of the Award passed by the arbitrator on 16.03.2021 in Arbitration (Proceedings) Case No. 05 of 2020 (pursuant to the direction in Request Case No. 170 of 2018), there is no further necessity to prosecute the certificate case, and therefore the writ petition is dismissed as infructuous. ¶21

Nand Kishore Kapri Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7201 of 2019

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

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Nand Kishore Kapri Son of Gulabi Kapri, Resident of Village-Pawai, P.S.Amarpur, District-Banka

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... ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary Food and Consumer Protection Department, Bihar, Patna New Secretariat, Bailey Road, Patna

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The District Magistrate, Banka, District Banka

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The Bihar State Food and Civil Supplies Corporation Limited through Managing Director, Bihar, Patna. Sarpantine, Road, Patna District-Patna

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The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Banka, District-Banka

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The District Certificate Officer, Banka, District-Banka

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Murlidhar Mishra, Advocate For the BSFC : Mr. Shailendra Kr, Advocate : Mr. Utkarsh Utpal, Advocate For the Respondents : Mr. S. Raza Ahmad (AC to AAG5) ======================================================

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL ORDER

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7 01-04-2024

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Initially the writ petition has been filed to release the petitioner from Civil Prison in connection with Certificate Case No. 41/14-15 which was pending before the Respondent No. 5 i.e., the learned Certificate Officer, Banka which was initiated under the Public Demand Recovery Act, 1914 and further for quashing the Certificate Case No. 41/14-15, pending before the learned Certificate Officer, Banka.

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Heard learned counsel for the petitioner as well as learned counsel for the respondents.

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Patna High Court CWJC No.7201 of 2019(7) dt.01-04-2024 2/2

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It was brought to the notice of this Court by the learned counsel for the petitioner that he filed Request Case No. 170 of 2018, wherein this Court has disposed of the Request Case on 08.03.2019, directing the petitioner to appear before the arbitrator, who further settled the dispute and tendered his Award. Accordingly, the petitioner has appeared before the arbitrator vide Arbitration (Proceedings) Case No. 05 of 2020 as per the orders in Request Case No. 170 of 2018 dated 08.03.2019 and accordingly, the arbitrator has passed the Award on 16.03.2021.

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In view of the Award, there is no further necessity to prosecute the case and, therefore, the writ petition is dismissed as infructuous.

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(G. Anupama Chakravarthy, J)

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Shanu /-

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Nand Kishore Kapri v. The State of Bihar

Case brief

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Nand Kishore Kapri v. The State of Bihar

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