Patna High Court - Orders
M/S Gangotri Rice Mill vs The State Of Bihar & Ors on 22 July, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9833 of 2013
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M/S Gangotri Rice Mill, Mohalla- (Lohanda) Pachrukhiya, P.S.- Nager
Nausa, District- Nalanda Through Proprietor Sanjay Kumar S/O Sita Sharan
Singh R/O Village And P.O.- Kachhyawan, P.S.- Nager Nausa, District-
Nalanda
.... .... Petitioner/s
Versus
1. The State Of Bihar, Through Principal Secretary, Food And Consumer
Protection Department, State Of Bihar, Patna
2. The District Collector/Magistrate/ Nalanda
3. The Sub-Divisional Officer, Hilsa, District- Nalanda
4. Bihar State Foods And Civil Supplies Corporation Limited, Through Its
Chairman Patna Bihar
5. The District Manager, Bihar State Food And Civil Supply Corporation
Ltd., Nalanda
6. The Secretary, Food Corporation Of India, New Delhi
7. The Area Manager, Food Corporation Of India, District- Nalanda
8. The Block Development Officer, Hilsa, Nalanda
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Krishna Mohan Mishra, Adv.
For the Respondent/s : Mr. K.B. Singh, SC-22
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
5 22-07-2014Heard learned counsel for the parties.
The prayer of the petitioners in this writ application reads as follows:-
"1(i) To issue appropriate writ in the nature of mandamus to quash the order and direction issued by District- Manager, State Food Corporation, Nalanda, vide notice no. 35 dated 26.03.2013 whereby the petitioner has been directed to deposit rice to the godown of Food corporation of India up to 30.04.2013 in standard quality and also to direct the respondent to lift rice stored in the godown of Patna High Court CWJC No.9833 of 2013 (5) dt.22-07-2014 2 the petitioner after adjusting damage/loss caused due to force mejure.
(ii) 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.
(iii) To direct the respondent to pay handling, storage charge, transit and storage loss to the petitioner as per the guideline fixed by government of India."
In the considered opinion of this Court when the petitioner has 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 dues by the Corporation by the petitioner by way of taking recourse to certificate proceeding under the Bihar Public Demand Recovery Act, the petitioner cannot claim the same relief as has been given today 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 & 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. Patna High Court CWJC No.9833 of 2013 (5) dt.22-07-2014 3
As a matter of fact, there is also no averment in the writ application that in the agreement made between the petitioner and the Corporation there was no such clause for making recovery of the dues from the petitioner by taking recourse to certificate proceeding. This Court in fact has passed a separate judgment today itself i.e. 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 petitioner in absence of agreement and, therefore, liberty is given to the petitioner to approach the concerned Certificate Officer with a copy of the agreement and if it is found that in the agreement of the petitioner, there is no clause for recovery of the amount by the Corporation by taking recourse to 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 certain clause in the agreement of the petitioner for Patna High Court CWJC No.9833 of 2013 (5) dt.22-07-2014 4 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 shall not be quashed and the petitioner will have only liberty to file his objection under Section 9 of the Act whereafter such objection of the petitioner will be disposed of in accordance with law as against which if the petitioner is aggrieved, it 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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