Patna High Court
Tejbali Singh vs The State Of Bihar And Ors on 22 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11300 of 2017
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Tejbali Singh Son of late Ram Lakhan Singh Resident of Village- Salthua,
Police Station- Kudra, District- Kaimur, Proprietor of Hanuman Industry
Salthua, Kudra, Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The State of Bihar through the Principal Secretary of Bihar State Food and
Civil Supply Department,
3. The District Magistrate, Kaimur.
4. The Director -Cum-Certificate Officer, Kaimur, Bhabua.
5. The District Manager, State Food Corporation, Kaimur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shyam Bihari Singh, Adv.
For the Respondent/s : Mr. Arvind Ujjwal-SC-4
Mr. Shailendra Kr. Singh, Adv.
Mr. Utkarsh Utpal, Adv.
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 22-07-2025
1. The petitioner has filed the Writ petition for
the following reliefs:
(a) For quashing the entire
proceeding of Certificate Case No. 185 of
2014-2015 running in the Court of
Certificate Officer, Kaimur against the
petitioner for recovery of a sum of Rs.
10,20,021.40 (Ten Lakhs Twenty Thousand
Twenty one rupees and paisa forty only)
alleging therein that the petitioner has
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taken 2000/-(two thousand) quintals of
paddy from State Food Corporation, Kaimur
for milling and he was to deposit 1340
quintals of rice whereas he has deposited
only 810 quintals of rice and 530 quintals of
rice was left with the petitioner costing to
amount of Rs. 10,08,658.90 (Ten Lakhs
eight Thousand Six Hundred fifty eight
rupees and paisa ninety only) and also for
quashing the notice cum letter no. 531
dated 18.03.2017 (contained in Annexure-3)
issued by the Respondent no. 5 whereby
the petitioner has been asked to deposit a
bank guarantee equivalent to Rs.
10,08,658.90 (Ten Lakhs eight Thousand Six
Hundred fifty eight rupees and paisa ninety
only) by 28.03.2017 in the District office of
State Food Corporation, Kaimur holding that
Bank security has not been deposited by
the petitioner whereas the security money
as as already deposited per agreement.
(b) To pass any such other order or
orders as the Hon’ble Court be deem just
and proper in the facts and circumstances
of the case.
2. At the outset, the Learned counsel for the
petitioner seeks indulgence of this Court to grant liberty
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to file fresh objections under Section 9 of the Bihar and
Orissa Public Demands Recovery Act, 1914 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
submitted that he has no objection, if a direction is given
to the concerned authority 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 objections under Section 9 before the
concerned authority, within a period of one month from
the date of receipt of this order. On such objections being
filed, the authority concerned shall pass necessary orders
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
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preferably within a period of three months from the date
of filing of the objections by the petitioner.
6. Till the passing of the final order by the
Certificate Officer, 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)
Manish/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.07.2025 Transmission Date
