Patna High Court
Meena Devi vs The State Of Bihar And Ors on 1 October, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7340 of 2016
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Meena Devi Wife of Harshvardhan Kumar Prop. of M/S Maa Ambe Rice
Mill, Resident of Village- Vishunpura, P.S. Sherghati, District Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar through District Magistrate, District Gaya
2. The Bihar State Food and Civil Supplies Corporation Limited through its
M.D. Bihar, at Patna.
3. The District Manager, Bihar State Food and Civil Supplies Corporation
Limited, Gaya District Gaya.
4. The District Certifcate Officer, Gaya District Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : M/s Sumeet Kumar Singh
Shivam Singh
Kumar Vikram
Alka Singh, Advocates
For the State : Mr. Navnit Kumar, AC to GP 18
For the BSFC : M/s Shailendra Kumar Singh
Sanjay Prasad
Utkarsh Bhushan,
Utkarsh Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 01-10-2024
1. Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following reliefs:
"(i) That the present writ application is
being filed for issuance of an appropriate writ order/
direction(s) in the nature of Certiorari for quashing the
Certificate Case No- 09 of 2015-2016 which has been
initiated against the petitioner on the basis Certificate
which forms part of section -7 notice is contrary to the
statuary rules of Public Demand Recovery Act, 1914
(herein after referred as "P.D.R.Act, 1914" for the sake of
Patna High Court CWJC No.7340 of 2016 dt.01-10-2024
brevity) as it is blank at many column, not properly made,
signed twice which is evident from the notice attached in
Annexure-6 and 6/A, to this writ application thus amount
to defective notice and defective initiation of the
Certificate case
II. That the present writ application is
being filed for issuance of an appropriate writ order/
direction(s) in the nature of Certiorari for quashing the
Certificate of the Certificate Case No- 09 of 2015-2016
which has been initiated against the petitioner under
Section 7 of the Public demand recovery act by which it is
asked to pay amount of Rs. 94,37,834.10/- ; on the ground
that the process is not followed properly by the Bihar State
Food and Civil Supplies Corporation, Gaya (herein after
referred as "B.S.F.C" for the sake of brevity) in serving the
notice without following the mandatory process as the for
no-2 has not been sent properly (requisition) which is in
violation of the fundamental rights of the petitioner;
III. That the present writ application is
being filed for issuance of an appropriate writ order /
direction(s) in the nature of Certiorari for quashing the
entire process initiated in Certificate Case No-09 of 2015-
16 (Annexure-7) including the warrant dated 15.07.2015;
on the ground that the same is without the proper
Certificate or requisition under the Public Demand
Recovery Act, 1914 and thus the whole process is without
jurisdiction;
IV. And for issuance of any other relief or
relief(s) for which the petitioner is entitled for."
3. At the outset, Learned counsel for petitioner
contended that since this matter is squarely covered under the
order dated 11.07.2024 passed in CWJC No. 9221 of 2016
Patna High Court CWJC No.7340 of 2016 dt.01-10-2024
(Raju Gupta Versus The State of Bihar & Ors.), this writ
petition may also be disposed of on the same term and
conditions. Learned counsel for the petitioner further draws
attention of this Court on a judgment passed by a Division
Bench of this Court in Nageshwar Prasad Singh Vs. Rai
Bahadur Kashinath Singh (1958 BLJR 820). As regards the
effect of a defective Certificate on the validity of the Certificate
proceeding, the Division Bench of this Court in Nageshwar
Prasad Singh (supra) has observed as follows:
"The Certificate-Officer must
meticulously apply his mind to filing the Certificate and
filling in the columns and blanks correctly and in
appending his Certificate in the form prescribed, and
that the filling in of the forms is a matter of substance
and is imperative, to give the Certificate the force of a
decree of court of law, and if it is found that the
Certificate-Officer had not applied his mind at all and
that some of the blank spaces were not filled up, or were
incorrectly filled up, the document so prepared and filed
is not a Certificate under the Public Demands Recovery
Act. The Certificate proceedings are wholly invalid and
the officer concerned acts without jurisdiction"
4. Heard the learned counsel for the petitioner as
well as the respondents.
5. In view of the fact that this matter is squarely
covered by the aforesaid judgments, in the totality of the
Patna High Court CWJC No.7340 of 2016 dt.01-10-2024
circumstances, I am of the opinion that the Certificate issued in
Form No. 1 signed by the District Manager of the BSFC and the
Certificate Officer in the manner aforesaid is held to be invalid
and is hereby quashed along with the notice under Section 7 of
the Act issued in pursuance thereof. The matter is remitted to the
Certificate Officer, Gaya for issuance of a fresh Certificate as
well as the notice under Section 7 of the Act and thereafter to
proceed in the matter in accordance with law.
6. It is made clear that in the meantime, the
Certificate Officer, Gaya, shall not resort to any coercive action
for recovery of the dues against the petitioner in Certificate Case
No. 09 of 2015-16.
7. With the aforesaid observations, this writ
petition stands disposed of in light of the judgment passed in
Raju Gupta and Nageshwar Prasad Singh(supra).
8. Interlocutory Application(s), if any, shall stand
disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.10.2024
Transmission Date NA
