Ram Nath Singh @ Ram Nath Prasad Singh Vs The Food And Consumer Protection Department and Ors.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10837 of 2017

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Ram Nath Singh @ Ram Nath Prasad Singh son of Late Deonandan Singh, R/o Vill- Maya Bigha, P.S.- Madanpur, District- Aurangabad.

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... ... Petitioner/s

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Versus

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The Food And Consumer Protection Department through the Principal Secretary, Bihar at Patna.

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The District Magistrate, Aurangabad, Dist- Aurangabad.

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The Managing Director, Bihar State Food Civil Supplies Corporation Limited, Bihar at Patna.

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The District Manager, B.S.F.C. Aurangabad, District- Aurangabad.

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The Certificate Offficer, District- Aurangabad.

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Brij Bihari Tiwary For the Respondent/s : Mr.Arvind Ujjwal-Sc4 ======================================================

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT

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Date : 18-08-2025

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1. The petitioner has filed the Writ petition for the following reliefs:

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“I. For setting aside the entire certificate proceeding bearing certificate case No 29/2014-15 pending before the certificate officer Aurangabad whereby and where under a certificate proceeding to the tune of Rs. 86,34,917/- has been instituted.

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II. For setting aside the order dated 15.02.2017 passed by Certificate Officer whereby the warrant of arrest has

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been issued against the petitioner in the aforesaid certificate proceeding.

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III. Directing the respondents not to go ahead with certificate case or taking any coercive action against the petitioner.

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IV. And for issuance of any other relief or reliefs for which the petitioner is entitled for.”

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2. At the outset, the Learned counsel for the

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petitioner seeks indulgence of this Court to grant liberty to file fresh objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914

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and direct the authority to pass necessary orders duly taking into account the objections filed by the petitioner.

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3. The Learned counsel for the respondents

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submitted that he has no objection, if a direction is given to the concerned authority to pass necessary

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orders under Section 10 of the Act duly taking into account the objections filed by the petitioner.

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4. Having regard to the above made

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submissions, without going into the merits or demerits of the case, the present writ petition is disposed of granting liberty to the petitioner to file fresh objections under Section 9 before the concerned authority within a period of one month from the date of receipt of this order. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act. The authority concerned shall liberally construed the

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limitation aspect as the Writ petition is itself filed in the year 2018.

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5. It is needless to mention that before passing any order, the authority concerned shall give an opportunity of hearing to the petitioner. Any order passed shall be communicated to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period

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of three months from the date of filing of the

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objections by the petitioner.

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6. Till the passing of the final order by the Certificate Officer, it is directed that no coercive

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steps shall be taken against the petitioner herein.

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7. Interlocutory Application(s), if any, shall