PATNA HIGH COURT ISSUES JUDGEMENT ON VIJAY SHANKAR PRASAD V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Aug. 7 -- Patna High Court issued the following judgment on July 16:

1.This Court has passed a detailed order on 21.08.2018, which reads as follows:-

Heard learned counsel for the petitioner, learned counsel for the Bihar State Food & Civil Supplies Corporation Ltd. and learned counsel appearing on behalf of the State.

Petitioner assails the order passed by the District Certificate Officer East Champaran, Motihari, respondent no. 6 whereby the objection filed by the petitioner in Certificate Case No. 13 of 2014-15 has been rejected vide order dated 05.05.2016 which is under challenge in Annexure-6.

Learned counsel for the petitioner submits that earlier he moved this Court against the cryptic order dated 23.02.2015 disposing of his objection under Section 9 of the PDR Act and this Court in C.W.J.C. No. 9585 of 2015 dated 07.07.2015 vide Annexure-5 had quashed the order dated 23.02.2015 disposing of the objection of the petitioner under Section 9 of the PDR Act and remitted the matter for consideration and of passing reasoned order. He submits that his objection has again not been considered neither the issue of lack of jurisdiction has been discussed in the impugned order dated 05.05.2016 nor the liability which has been saddled on the petitioner.

Learned counsel for the State and Bihar State Food & Civil Supplies Corporation Ltd seeks four weeks time to file counter affidavit.

In the meantime, the order dated 05.05.2016 shall remain stayed.

2.The petitioner has challenged the order dated 05.05.2016 passed by the respondent authority under Section 10 of the PDR Act, wherein the objection of the petitioner has neither been considered on the ground of lack of jurisdiction nor with respect to the liability that has been saddled on the petitioner.

3.The counter affidavit filed by the respondent is also very much silent, on these aspects. Therefore, this Court is of the considered view that the order dated 05.05.2016 passed by the respondent is liable to be set aside.

4.Accordingly, order dated 05.05.2016 passed by the District Certificate Officer in Certificate Case No. 13/2014-15 is hereby set aside. The matter is remitted back to the concerned Certificate Officer to pass an appropriate order in accordance with law, within a period of three months from the date of receipt/production of a copy of this order, considering the issue of lack of jurisdiction as well as the liability saddled on the petitioner.

5.With the aforesaid observations, the Writ petition stands disposed of.

6. Interlocutory application, if any, shall stands diposed of.

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