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Patna High Court
Manoj Kumar @ Manoj Kumar Singh vs The State Of Bihar And Ors on 19 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7108 of 2017
======================================================
Manoj Kumar @ Manoj Kumar Singh son of Sri Sarju Singh resident of
village Bhavpokhar P.S. Baghaila District Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Food
Civil Supplies and Consumer Protection, Govt. of Bihar, Patna
2. The Managing Director, Bihar State Food and Civil Supplies Corporation,
Patna.
3. The District Manager, Bihar State Food and Civil Supplies Corporation,
Rohtas at Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh
For the Respondent/s : Mr.Arvind Ujjwal-SC 4
For the BSFC : M/s Shailendra Kumar Singh,
Utkarsha Utpal, Advocates
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 19-04-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
” That this is an application
for issuance of an appropriate writ(s),
order(s) or direction(s) for quashing the
notice dated 18.03.2017 issued vide
letter no. 537 under the signature of
Respondent No. 3 by which the
respondent No. 3 has directed the
petitioner to came forward with a Bank
guarantee equivalent to Rs.
33,58,350.45 till 28.03.2017 without
considering the case of the petitioner.
Patna High Court CWJC No.7108 of 2017 dt.19-04-2025
2/3
2. At the outset, the Learned counsel for
the petitioner seeks indulgence of this Court to
grant liberty to file the objections under Section 9
of the Bihar and Orissa Public Demands Recovery
Act, 1914 before the appropriate authority and
direct the authority to pass necessary orders duly
taking into account the objections filed by the
petitioner.
3. The Learned counsel for the respondents
reported that he has no objection, if a direction is
given to the authority concerned to pass
necessary orders under Section 10 of the Act duly
taking into account the objections filed by the
petitioner.
4. Having regard to the above made
submissions, without going into the merits or
demerits of the case, the present writ petition is
disposed of granting liberty to the petitioner to file
his objections under Section 9 before the
appropriate authority within a period of four weeks
from today. On such objections being filed, the
authority concerned shall pass necessary orders
Patna High Court CWJC No.7108 of 2017 dt.19-04-2025
3/3
under Section 10 of the Act.
5. It is needless to mention that before
passing any order, the authority concerned shall
give an opportunity of hearing to the petitioner.
Any order passed shall be communicated to the
petitioner. The entire exercise shall be completed
as expeditiously as possible preferably within a
period of eight weeks from the date of filing of the
objections by the petitioner.
6. Till the passing of the final order by the
authority concerned, it is directed that no coercive
steps shall be taken against the petitioner herein.
7. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 19.04.2025 Transmission Date
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