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[Cites 3, Cited by 1]

Patna High Court - Orders

Sidheshwar Dayal Pandey vs The State Of Bihar & Ors on 16 August, 2013

Author: Kishore Kumar Mandal

Bench: Kishore Kumar Mandal

  IN THE HIGH COURT OF JUDICATURE AT PATNA
             Civil Writ Jurisdiction Case No.11632 of 2013
======================================================
Sidheshwar Dayal Pandey
                                                    .... .... Petitioner/s
                                 Versus
The State Of Bihar & Ors
                                                   .... .... Respondent/s
======================================================
                                   with
             Civil Writ Jurisdiction Case No.11394 of 2013
======================================================
Santosh Singh
                                                    .... .... Petitioner/s
                                 Versus
The State Of Bihar & Ors
                                                   .... .... Respondent/s
======================================================
                                   with
             Civil Writ Jurisdiction Case No.11436 of 2013
======================================================
Prabhu Narayan Singh
                                                    .... .... Petitioner/s
                                 Versus
The State Of Bihar & Ors
                                                   .... .... Respondent/s
======================================================
                                   with
             Civil Writ Jurisdiction Case No.12029 of 2013
======================================================
Jwahar Chaudhary
                                                    .... .... Petitioner/s
                                 Versus
The State Of Bihar & Ors
                                                   .... .... Respondent/s
======================================================
                                   with
             Civil Writ Jurisdiction Case No.13875 of 2013
======================================================
Ripuraj Agro Private Limited
                                                    .... .... Petitioner/s
                                 Versus
The State Of Bihar & Ors
                                                   .... .... Respondent/s
======================================================
                                   with
             Civil Writ Jurisdiction Case No.11368 of 2013
======================================================
Sunil Sah
                                                    .... .... Petitioner/s
                                 Versus
The State Of Bihar & Ors
       Patna High Court CWJC No.11632 of 2013 (2) dt.16-08-2013


                                             Page 2 /3




                                                                     .... .... Respondent/s
                  ======================================================
                                                     with
                               Civil Writ Jurisdiction Case No.14418 of 2013
                  ======================================================
                  Arvind Kumar Singh
                                                                      .... .... Petitioner/s
                                                   Versus
                  The State Of Bihar & Ors
                                                                     .... .... Respondent/s
                  ======================================================
                                                     with
                                Civil Writ Jurisdiction Case No.4095 of 2013
                  ======================================================
                  M/S Rahul Rice Mill
                                                                      .... .... Petitioner/s
                                                   Versus
                  The State Of Bihar & Ors
                                                                     .... .... Respondent/s
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
                  MANDAL
                  ORAL ORDER

2   16-08-2013

In all these batch of writ petitions Mr. Bindhyachal Singh appears in support of the petitioners and Mr. R.S. Pradhan learned senior counsel represents the Bihar State Food & Civil Supplies Corporation ( for short 'Corporation').

The petitioners have questioned the sustainability of the notice issued to them by the respondent -Certificate Officer under Section 7 of the Bihar & Orissa Public Demands Recovery Act 1914. It has been submitted that diverse writ petitions raising similar/identical issues have been filed in this Court one being CWJC No. 3674 of 2013 in which this Court has directed the petitioner to approach the respondent- Collector for resolution of the dispute. It has, thus, been submitted that the said order be also Patna High Court CWJC No.11632 of 2013 (2) dt.16-08-2013 Page 3 /3 passed in the present writ petition.

Mr. Pradhan, learned counsel for the Corporation does not dispute the aforesaid contention.

Regard being had to the above, in the light of the order dated 29.07.13 passed in CWJC No. 3674 of 2013 (Ravi Shankar Rai & Anr. Vs. The State of Bihar & Ors. ) and analogous matters, the petitioners are also directed to approach the concerned District Collector/ District Magistrate who shall deliberate on the issue(s) raised by the petitioners in presence of the parties and take appropriate decision thereon within ten weeks from its filing/presentation. The representation on behalf of the petitioners must be filed within three weeks. In case of any clarification/doubt, the parties will refer to the order dated 29-07- 2013 passed in CWJC No.3674 of 2013.

Pendency of this application shall not come in the way of the petitioners from depositing the cost of CMR at the rate fixed by the respondent -FCI/State Govt. and also from filing objection under Section 9 of the Act.

Post this matter side by side CWJC No. 3674 of 2013.

(Kishore Kumar Mandal, J) Shyam/-