Patna High Court
M/S Bara Rice Mill, Through Its … vs The State Of Bihar And Ors on 17 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16216 of 2017
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M/s Bara Rice Mill, Through Its Proprietor Sri Shailesh Kumar Singh son of
late Gouri Shankar Singh resident of village Bara P.S. Khokhashi, District
Madhepura.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food Consumer and
Protection Department, Government of Bihar, Patna
2. The District Magistrate, Madhepura.
3. The Certificate Officer, Madhepura.
4. The Bihar State Food and Civil Supplies Corporation through M.D.,
B.S.F.C., R - Block, Patna.
5. The District Manager S.F.C. Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s : Mr.Arvind Ujjwal SC4
For the BSFC : Mr. Shailendra Kumar Singh
Mr. Utkarsh Utpal, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 17-06-2025
1. The Writ petition is filed with the
following reliefs:-
“That this writ petition is
being filed by petitioner for issuing
of writ/writs for quashing vide
order dated 01.07.2017 and vide
order No. 62 dated 01.07.2017 in
Patna High Court CWJC No.16216 of 2017 dt.17-06-2025
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whereby and whereunder the
District Certificate Officer,
Madhepura has issued attachment
of proprietor without any notice to
petitioner and without following the
section 36 of Arbitration and
concilliation Act 1996 and for any
other relief(s) for which the
petitioner to found to be entitled in
the facts and circumstances of the
case.”
2. Without going into the merits of this
case, it can be construed that the petitioner has
not preferred any appeal provided under Section
60 of the Bihar & Orissa Public Demand Recovery
Act, 1914. Without availing the remedy of appeal
the present Writ petition is filed to quash the
certificate proceeding bearing Certificate Case No.
10 of 2014-15 issued by the 3rd respondent.
3. A detailed counter affidavit is also filed
Patna High Court CWJC No.16216 of 2017 dt.17-06-2025
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by the respondents contending that the Writ
petition is itself not maintainable in view of the
fact that any order passed under Section 10 of the
Bihar & Orissa Public Demand Recovery Act, 1914
is appealable under Section 60 of the Bihar &
Orissa Public Demand Recovery Act, 1914.
4. On perusal of the record, it is evident
that Section 60 of the Bihar & Orissa Public
Demand Recovery Act provides for provision of
appeal for orders passed under Section 10 of the
PDR Act.
5. Taking into consideration that the
petitioner has an alternative remedy for filing an
appeal under Section 60 of the Bihar & Orissa
Public Demand Recovery Act, 1914, the writ
petition is disposed of with a direction to the
petitioner to file an appeal within four weeks from
the date of receipt of this order before the
appropriate authority. The delay in filing the appeal
shall be condoned by the authority concerned, and
the authority shall dispose of the appeal within
three months from the date of filing of the appeal.
Patna High Court CWJC No.16216 of 2017 dt.17-06-2025
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6. With the above said observation, the
Writ petition is disposed of.
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 17.06.2025 Transmission Date