Patna High Court - Orders
Binod Kumar Singh & Anr vs The State Of Bihar & Ors on 23 July, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16389 of 2013
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1. Binod Kumar Singh S/O Ram Janam Singh Resident Of Mohalla+ P.O-
Alamganj, P.S- Laheri, Biharsharif, Nalanda., Proprietor Of Sri Ram
Rice Mills, Sahokher, Biharsharif.
2. Kamlesh Sao S/O Raghuvir Sao Resident Of Village- Arout, Block-
Chandi, District- Nalanda., Proprietor Of Sri Ram Rice Mills, Sahokher,
Biharsharif.
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Food And
Consumer Protection Department, Govt. Of Bihar, Patna.
2. The District Collector, Nalanda.
3. The Sub- Divisional Officer, Hilsa, Nalanda.
4. The Block Development Officer, Hilsa, Nalanda.
5. Bihar State Food And Civil Supplies Corporation Ltd Through Its
Chairman.
6. The District Manager, Bihar State Food And Civil Supply Corporation
Ltd., Nalanda.
7. The Secretary, Food Corporation Of India, New Delhi.
8. The Area Manager, Food Corporation Of India, District Nalanda.
9. Certificate Officer, Nalanda Cum Executive Magistrate Biharsharif,
Nalanda.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar
For the Respondent/s : Mr. V.M.K Sinha, AAG-13
For the BSFC : Mr. R.S. Pradhan, Sr. Adv.
Mr. Shailendra Kumar Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
4 23-07-2014Heard learned counsel for the parties.
The prayer of the petitioners in this writ application reads as follows:-
"1(i) For issuance of an appropriate writ in quashing the notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act, issued on 06/05/13 under the signature of Certificate Officer whereby petitioner has been directed to show cause as to why Certificate be not issued of Rs.Patna High Court CWJC No.16389 of 2013 (4) dt.23-07-2014 2
1,76,52,710=00 P. as contained in Annexure-7.
(ii) For issuance of an appropriate writ in quashing notice no.20 dated 26/03/13, issued by the District Magistrate, State Food Corporation, Nalanda, whereby the petitioner has been directed to deposit rice to the godown of F.C.I. up to 30/04/13 contained in Annexure-4.
(iii) For issuance of an appropriate writ, to hold and declare that the direction issued by the respondent is arbitrary, unauthorized, unconstitutional being and against the guideline of the State of Bihar as such the respondent was responsible for the deterioration of paddy and sub-standard rice.
(iv) For issuance of an appropriate writ, directing the respondents to pay handling, storage charge, transit and storage loss to the petitioners as per guidelines fixed by the Govt. of India."
In the considered opinion of this Court when the petitioners have not produced the copy of the agreement between them and the Bihar State Food and Civil Supplies Corporation Ltd., this Court would find it difficult to quash the certificate proceeding lodged against the petitioners, inasmuch as, if there is a provision made in the agreement for realization of the dues by the Corporation by the petitioners by way of taking recourse to certificate proceeding under the Bihar Public Demand Recovery Act, the petitioners cannot claim the same relief has been given yesterday by this Court in the judgment dated 22.7.2014 in CWJC No. 13746 of 2013 (Sone Valley Rice Mill Vs. The State of Bihar Patna High Court CWJC No.16389 of 2013 (4) dt.23-07-2014 3 & Ors.) wherein the certificate proceeding has been quashed against M/s Sone Valley Rice Mill only on the ground that in their agreement, there was no clause for realization of the dues by taking recourse to certificate proceeding.
As a matter of fact, there is also no averment in the writ application that in the agreement made between the petitioners and the Corporation there was no such clause for making recovery of the dues from the petitioners by taking recourse to certificate proceeding. This Court in fact has passed a separate judgment on 22.7.2014 in CWJC No. 7736 of 2014 (M/s Shiv Industries Vs. State of Bihar & Ors.) wherein it has been held that in presence of a clause in the agreement envisaging recovery of dues of the Corporation from the concerned rice mill by taking recourse to certificate proceeding under Bihar Public Demand Recovery Act, the writ application, challenging the notice under Section 7 of the aforesaid Act, will not be maintainable.
This Court, however, will not put a final word in the case of the petitioners in absence of agreement and, therefore, liberty is given to the petitioners to approach the concerned Certificate Officer with a copy of the agreement and if it is found that in the agreement of the petitioners, there is no clause for recovery of the amount by the Corporation by taking recourse to Patna High Court CWJC No.16389 of 2013 (4) dt.23-07-2014 4 the certificate proceeding, the Certificate Officer shall drop the proceeding in the light of the judgment of this Court in the case of Sone Valley Rice Mill (supra). On the other hand, if it is found that there is a clause in the agreement of the petitioners for recovery of dues by the Corporation by taking recourse to provision of Bihar Public Demand Recovery Act, it is the judgment in the case of M/s Shiv Industries (supra) that shall be given effect to. In other words, the certificate proceeding in such event shall not be dropped and the petitioners will have only liberty to file their objection under Section 9 of the Act whereafter such objection of the petitioners will be disposed of in accordance with law as against which if the petitioners are aggrieved, they will have the remedy of filing appeal and revision as envisaged under Section 60 & 62 of the Act.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha, J) Rishi/-
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