Surendra Singh vs The South Bihar Gramin Bank ...
2022 Latest Caselaw 143 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11639 of 2021
     ======================================================

Surendra Singh, son of Ram Singhasan Singh, resident of Village - Shankarpur, P.O. - Parasiya Thakurai, P.S. - Nasriganj, District- Rohtas.

... ... Petitioner/s

Versus

1. The South Bihar Gramin Bank through its Branch Manager, Mauna Branch, P.S. - Nasriganj, District- Rohtas.

2. The Certificate Officer, Bikramganj, Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate For the Respondent/s : Mr. Ranjeet Kumar Pandey, Advocate Mr. Devi Das Shrivastava, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 05-01-2022

Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :- Patna High Court CWJC No.11639 of 2021 dt.05-01-2022

Learned counsel for the petitioners states that without

deciding the petitioner's application/objection petition under

Section 9 of the Public Demand Recovery Act, the authority has

straightaway issued the certificate and the warrant of arrest.

It is seen that under the Statute the authority can

pass/issue a certificate after affording opportunity of hearing

and deciding the objection petition so filed, which has not been

done in the instant case.

Hence, the impugned order dated 09.02.2021 is

quashed only on the ground that the petitioner was not heard

and his objection under Section 9 was not decided prior to Patna High Court CWJC No.11639 of 2021 dt.05-01-2022

passing of the impugned order and in issuing the certificate for

demand.

The petitioner is directed to appear before the

certificate officer on 28.01.2022 on which date further

opportunity of hearing shall be afforded to the petitioner to

place additional material in support of the grievance.

The Certificate Officer shall decide the objection

petitions at the earliest and preferably within a period of two

months thereafter.

Liberty reserved to the petitioner to challenge the

order, should the need so arise subsequently.

The petition is disposed of in the aforesaid terms.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

Ashwini/K.C.Jha AFR/NAFR CAV DATE Uploading Date 07.01.2022 Transmission Date