Disposed¶27

Rambabu Prasad, v. The State of Bihar

Patna HC3 Apr 2025CWJC/19075/2021

Case brief

AI extract

What is this about?

Patna High Court; CWJC No.19075 of 2021; Rambabu Prasad; Sanjivani Industries; Darbhanga; Bihar and Orissa Public Demand and Recovery Act, 1914; Section 10; Section 60; writ petition disposed of; statutory appellate remedy; appeal to be entertained without reference to delay or limitation; issues to be decided on merit; Certificate Officer; A. Abhishek Reddy; 03-04-2025.

What did the court decide?

Petitioner directed to file an appeal under Section 60 of the Act within four weeks; appellate authority directed to entertain it without reference to delay or limitation and to decide all issues raised on merit. ¶27

Rambabu Prasad, Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19075 of 2021

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Rambabu Prasad, son of Ramprit Sah, Resident of Mohalla-Ratnopatti, Near Sahu Chowk, Post Office-Shubhankarpur, Police Station- Darbhanga Town, District- Darbhanga, Proprietor- Sanjivani Industries, situated at Industrial Area, Bela, District- Darbhanga, Bihar.

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... ... Petitioner

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Versus

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The State of Bihar through Principal Secretary, Food and Consumer Protection Department, State of Bihar, Patna.

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The Bihar State Civil Supplies Corporation Ltd., through its Managing Director, Khadya Bhawan, Patna, Bihar.

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The District Collector, District- Darbhanga.

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The District Manager, Bihar State Food and Civil Supply Corporation LTD, Darbhanga.

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The Certificate Officer, District- Darbhanga.

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... ... Respondents

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Appearance :

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For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG-5

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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16 03-04-2025

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.

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The present writ petition has been filed, challenging the final order passed under Section 10 of the Bihar and Orissa Public Demand and Recovery Act, 1914.

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Having regard to the fact that the petitioner is having a statutory remedy of filing an appeal under Section 60 of the Act, this Court is not inclined to entertain the present writ petition.

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The petitioner is directed to file an appeal under

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Patna High Court CWJC No.19075 of 2021(16) dt.03-04-2025 2/2

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Section 60 of the Act within a period of four weeks from today.

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On such appeal when filed, the authorities are

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directed to entertain the same and pass necessary order in accordance with law without reference to the delay or period of limitation in availing the remedy.

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The petitioner is free to agitate and raise all issues / doubts before the appellate authority and the same shall considered and necessary order shall be passed on merit.

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With the aforesaid direction, the writ petition stands disposed of.

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Learned counsel for the petitioner states that he has not been heard by the Court and the order is passed.

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(A. Abhishek Reddy, J)

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Shahnawaz/-

Rambabu Prasad, v. The State of Bihar

Case brief

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Rambabu Prasad, v. The State of Bihar

Case brief

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