Patna High Court
Mamta Keshri vs The State Of Bihar And Ors on 1 October, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10518 of 2016
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Mamta Keshri Wife of Lalji Prasad Keshri, Proprietor of M/s Mansi Mini
Rice Mill resident of village - Chainpur, P.S. Chainpur, District - Kaimur
Bhabhua
... ... Petitioner/s
Versus
1. The State Of Bihar through District Magistrate, District Kaimur (Bhabhua)
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, Kaimur (Bhabhua) , District Kaimur (Bhabhua)
4. The District Certificate officer, Kaimur Bhabhua , District Kaimur
(Bhabhua)
... ... 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. Ramadhar Singh, GP 25
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- 41
of 2014-2015 which has been initiated against the
petitioner on the basis Certificate which forms part
of section -7 notice is contrary to the statuary rules
Patna High Court CWJC No.10518 of 2016 dt.01-10-2024
of Public Demand Recovery Act, 1914 (herein after
referred as "P.D.R.Act, 1914" for the sake of
brevity) as it is blank at many column, which is
evident from the Certificate and the requisition
attached in Annexure-5 and 5/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- 41 of 2014-2015 which has
been initiated against the petitioner under Section 7
of the Public demand recovery act by which it is
asked to pay amount on the ground that the process
is not followed properly by the Bihar State Food
and Civil Supplies Corporation, Kaimur (Bhabhua)
(herein after referred as "B.S.F.C" for the sake of
brevity) in serving the notice without following the
mandatory process 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 ordersheet
including the order dated 16.04.2016 passed in
Certificate Case no. - 41 of 2014-15 which is the
date for the payment of the money issued against
the petitioner; 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. That the present writ
application is being filed for issuance of an
appropriate writ order / direction(s) in the nature of
Patna High Court CWJC No.10518 of 2016 dt.01-10-2024
Certiorari for quashing the Certificate case no-41
of 2014-15 which has been initiated against the
petitioner; on the ground that the court fee has not
been paid by the B.S.F.C. while instituting the
Certificate case before the Certificate Officer,
Kaimur (Bhabhua) and the limitation will apply in
the present case:
V. 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
(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
Patna High Court CWJC No.10518 of 2016 dt.01-10-2024
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
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, Kaimur (Bhabhua) 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, Kaimur (Bhabhua), shall not resort to any
coercive action for recovery of the dues against the petitioner in
Certificate Case No. 41 of 2014-15.
Patna High Court CWJC No.10518 of 2016 dt.01-10-2024
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
