Patna High Court - Orders
M/S Adishakti Mini Rice Mill vs The State Of Bihar & Ors on 5 August, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12887 of 2014
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M/s Shiv Shakti Rice Mill, Banka through proprietor Pankaj Kumar Yadev,
s/o Sri Umesh Prasad Yadev, resident of Kenduar, P.S. Amarpur, District
Banka.
.... .... Petitioner/s
Versus
1.The State of Bihar through the Chief Secretary, Government of Bihar,
Patna.
2.The Principal Secretary, Food & Consumer Protection Department,
Government of Bihar, Patna.
3.The Managing Director, Bihar State Food and Civil Supply Corporation,
Sone Bhawan, Birchand Patel Path, Patna.
4.The Deputy Chief (Claim), the Bihar State Food & Civil Supply
Corporation, Sone Bhawan, Birchand Patel Path, Patna.
5.The District Magistrate, Banka.
6.The District Manager, Bihar State Food and Civil Supply Corporation,
Banka.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.12888 of 2014
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M/s Adishakti Mini Rice Mill, Banka through proprietor Dharamveer
Kumar Singh, s/o Sri Vidhaya Bhushan Singh, resident of Gulni Kushah,
P.S. Shambhuganj, District Banka.
.... .... Petitioner/s
Versus
1.The State of Bihar through the Chief Secretary, Government of Bihar,
Patna.
2.The Principal Secretary, Food & Consumer Protection Department,
Government of Bihar, Patna.
3.The Managing Director, Bihar State Food and Civil Supply Corporation,
sone Bhawan, Bichand Patel Path, Patna.
4.The Deputy Chief (claim), the Bihar State Food & Civil Supply
corporation, , Sone Bhawan, Birchand Patel Path, Patna.
5.The District Magistrate, Banka.
6.The District Manager, Bihar State Food and Civil Supply Corporation,
Banka.
.... .... Respondent/s
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Appearance :
(In CWJC No.12887 of 2014)
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Adv
For the Respondent/s : Mr. R.S. Pradhan, Sr. Adv with Mr.
Shailendra Kumar, Adv
(In CWJC No.12888 of 2014)
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Adv
For the Respondent/s : Mr. R.S. Pradhan, Sr. Adv with Mr.
Shailendra Kumar, Adv
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
Patna High Court CWJC No.12887 of 2014 (2) dt.05-08-2014 2
2 05-08-2014Heard learned counsel for the parties.
Learned counsel for the petitioner at the outset submits that these two writ applications may be disposed of in terms of the order dated 23.07.2014 passed in C.W.J.C No. 8172 of 2014 (Arvind Kumar Vs. State of Bihar) as in these cases also the grievance of the petitioners is confined to demand notice issued by Bihar State Food and Civil Supply Corporation, hereinafter referred to as the Corporation.
Learned counsel for the Corporation on the other hand submits that the case in hand would not be covered by the ratio laid down in the case of Arvind Kumar (supra) because in that case certificate proceeding had not been lodged whereas in both these writ applications being C.W.J.C No. 12887 of 2014, and in C.W.J.C No. 12888 of 2014, Certificate Case No. 23 of 2014-15 and Certificate Case no. 24 of 2014-15 have already been lodged against the petitioners.
In the considered opinion of this Court, learned counsel for the Corporation is correct because this Court in the case of Arvind Kumar (supra) and other large Patna High Court CWJC No.12887 of 2014 (2) dt.05-08-2014 3 number of cases has disposed of only such cases which were directed against demand notice alone wherein a direction has been given to the competent authority of the Corporation to examine the claim in the light of the defense taken by the concerned Rice Mill Owners.
In cases where there is certificate proceeding, this Court has asked the certificate debtors including the persons like the petitioners to approach the Certificate Officer and file objection under Section-9 of the Bihar Public Demand Recovery Act whereafter the law will take its own course. Reference in this connection may usefully be made to the judgment dated 22.7.2014 in C.W.J.C. No. 7736 /2014 M/s. Shiva Industries Vs. State of Bihar and others.
The further submission of learned counsel for the petitioners that clause-15 and 16 of the agreement of the petitioners with Corporation containing clause for certificate proceedings and conciliation and arbitration proceedings was required to be made operative in harmonious manner and to that extent certificate proceeding was premature is again an issue which can Patna High Court CWJC No.12887 of 2014 (2) dt.05-08-2014 4 be very well made by the petitioners in their objection under Section-9 before the Certificate Officer who can definitely examine whether there is existence of public demand as defined in Section 3(6) of Bihar Public Demand Recovery Act.
In that view of the matter, these two writ applications are disposed of with a liberty to the petitioners to approach the Certificate Officer by filing their objection under Section 9 of Bihar Public Demand Recovery Act. As a matter of fact if the objection of petitioners would be rejected by the Certificate Officer they still will have statutory remedy of Appeal under Section 60 of the Act and also by way of revision under Section-62 of the Bihar Public Demand Recovery Act.
With the aforementioned observations and direction, this application is disposed of.
(Mihir Kumar Jha, J) Ranjan/-
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