IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8891 of 2021 ======================================================

Sanjay Kumar Mehta Son of Chandra Deo Mehta Proprietor of M/s Sanjay Modern Mini Rice Mill, Resident of Village and P.O.- Sargawa, P.S.- Deo, District- Aurangabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna.

2. District Magistrate-Collector, District- Aurangabad.

3. The Bihar State Food and Civil Supplies Corporation Limited through its Managing Director, Khadya Bhawan, Daroga Rai Path, Patna.

4. The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, Patna.

5. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, District- Aurangabad.

6. The Store In-charge, Bihar State Food and Civil Supplies Corporation Limited, Deo Centre, P.S. Deo, District- Aurangabad.

7. The Transporter, Bihar State Food and Civil Supplies Corporation Limited, Aurangabad.

8. The Food Corporation of India through its Area Manager, Gaya.

9. The District Certificate Officer, Aurangabad.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Rajesh Mohan, Adv.

For the Respondent/s : Mr. S. Raza Ahmad (Aag5)

For the State : Mr. Anisul Haque for the Resp. No. 8 : Mr. Sanjay Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

6 09-02-2026 Re:- I.A. No. 01 of 2025 For the reasons stated in the Interlocutory Application, it is allowed.

2. Registry is directed to make the necessary amendments in the prayer portion.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner has filed his objections under Section 9 of the Bihar & Orissa Public Demand Recovery Act, 1914 in Certificate Case No. 22/2017-18 and Certificate Case No. 03/2013-14. Learned counsel submits that the authority till date has not passed the final orders under Section 10 of the Bihar & Orissa Public Demand Recovery Act, 1914 and therefore seeks a direction to the respondent authority to pass final orders under Section 10 duly taking into account the objections filed by the petitioner and give him an opportunity of hearing.

4. Learned counsel appearing on behalf of the respondent State submits that she has no objection if a direction is given to the District Certificate Officer to pass final orders under Section 10 in accordance with law.

5. Having regard to the above made submissions, the present writ petition is disposed of directing the Respondent No. 9 i.e. the District Certificate Officer, Aurangabad to dispose of the Certificate Case No. 22/2017-18 and Certificate Case No. 03/2013-14 as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of the copy of this order. The authority shall duly take into consideration the objections filed by the petitioner and pass a reasoned order giving reasons either for rejecting the explanation or accepting the same. It is needless to mention that before passing any order, the petitioner shall be granted an opportunity of hearing. Any order passed shall be communicated to the party.

6. With the above directions, the present writ petition stands disposed of.

7. Till such time the final orders are passed, the authority is directed not to take any coercive steps against the petitioner. In case the petitioner does not cooperate for disposal of the above- mentioned Certificate Cases, the authority is free to pass necessary final orders under Section 10 and take necessary action against the petitioner herein.

(A. Abhishek Reddy , J)

Gauravkr/-

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