CITATION CODES

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CASE NO.

Civil Writ Jurisdiction Case No. 3287 of 2014

ATTORNEY(S)

For the Petitioner/s: Mr. Shankar Kumar Thakur, Adv.

For the B.S.F.C: Mr. R.S Pradhan, Sr. Adv. with Mr. Shailendra Kumar Singh, Adv.

For the State: Mr. Anjani Kumar, Adv.

JUDGES

Mihir Kumar Jha, J.

ACTS

No Acts

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Patna High Court

Sahuka Rice Mill v. State Of Bihar

(Jul 22, 2014) Copy Cite

Case Information

CITATION CODES

citation codes

CASE NO.

Civil Writ Jurisdiction Case No. 3287 of 2014

ATTORNEY(S)

For the Petitioner/s: Mr. Shankar Kumar Thakur, Adv.

For the B.S.F.C: Mr. R.S Pradhan, Sr. Adv. with Mr. Shailendra Kumar Singh, Adv.

For the State: Mr. Anjani Kumar, Adv.

JUDGES

Mihir Kumar Jha, J.

ACTS

No Acts

See more information ...

Smart Summary (Beta)

Summary of Opinion

Factual and Procedural Background

This document is an oral order. The court heard learned counsel for the parties and recorded that it was agreed at the bar that the present case is squarely covered by an earlier judgment of this Court dated 22.07.2014 in C.W.J.C No. 13746 of 2013 (Sone Valley Rice Mill v. The State of Bihar). On that basis, the court quashed the entire impugned proceeding in Certificate Case No. 25(Y) of 2013-14, including the notice dated 03.12.2013 (Annexure‑8). The order expressly permits the Bihar State Food and Civil Supplies Corporation to pursue realization of the amount in question by any other recourse permissible in law.

Legal Issues Presented

Whether the impugned proceeding in Certificate Case No. 25(Y) of 2013-14 (including the notice dated 03.12.2013) is covered by the earlier judgment in C.W.J.C No. 13746 of 2013 (Sone Valley Rice Mill v. The State of Bihar) and, if so, whether it should be quashed.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Sone Valley Rice Mill v. The State of Bihar, C.W.J.C No. 13746 of 2013 (judgment dated 22.07.2014)	The opinion records that the present case is "squarely covered" by this earlier judgment.	The court relied on the parties' agreement that this precedent applied and, on that basis, quashed the impugned proceedings in Certificate Case No. 25(Y) of 2013-14 including the notice dated 03.12.2013 (Annexure‑8).

Court's Reasoning and Analysis

The court's reasoning is concise and follows these steps as recorded in the oral order:

The court heard learned counsel for the parties.
It was agreed at the bar that the issues in the present case are covered by the earlier judgment in C.W.J.C No. 13746 of 2013 (Sone Valley Rice Mill v. The State of Bihar) dated 22.07.2014.
Because the case was agreed to be covered by that earlier judgment, the court quashed the entire impugned proceeding in Certificate Case No. 25(Y) of 2013-14, specifically including the notice dated 03.12.2013 (Annexure‑8).
The court qualified its order by stating that nothing in the order prevents the Bihar State Food and Civil Supplies Corporation from seeking to realize the amount in question by other recourse that may be permissible in law.

The analysis rests on the parties' agreement and the application of the prior judgment; the order itself does not elaborate further factual findings or legal reasoning beyond that reliance.

Holding and Implications

Core Ruling: The entire impugned proceeding in Certificate Case No. 25(Y) of 2013-14, including the notice dated 03.12.2013 (Annexure‑8), is quashed.

Implications:

Direct effect: The certificate proceeding and the specified notice have been set aside by this order.
The Bihar State Food and Civil Supplies Corporation is not precluded by this order from attempting to realize the amount in question by any other legally permissible recourse.
No broader implications or new precedent are articulated in the opinion; the decision is grounded on applicability of an earlier judgment as agreed between the parties.

Show full summary ...

Sahuka Rice Mill v. State Of Bihar

ORAL ORDER

Heard learned counsel for the parties.

It is agreed at the bar that the case in hand is squarely covered by a judgment of this Court dated 22.07.2014 passed in C.W.J.C No. 13746 of 2013 (Sone Valley Rice Mill v. The State of Bihar).

That being so, the entire impugned proceeding in Certificate Case No. 25(Y) of 2013-14 including the notice dated 03.12.2013 (Annexure-8) is hereby quashed.

Nothing said in this order, however, will come in the way of Bihar State Food and Civil Supplies Corporation in realization of the amount in question involved in this certificate case by taking any other recourse against the petitioner as may be permissible in law.

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