Patna High Court
Shankar Jee Giri vs The State Of Bihar And Ors on 7 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8671 of 2016
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Shankar Jee Giri Son of Late Ram Ekbal Giri, President of Ghurghat PAACS,
resident of At and P.O- Ghurghat, P.S.- Siswan, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar through Collector, Siwan
2. The Siwan Central Co-operative Bank Ltd., At and P.O. and P.S. and
DIstrict- Siwan through its Branch Manager
3. The Managing Director-cum-Certificate Officer, Siwan Central Co-operative
Bank Ltd., At and P.O and P.S. and District- Siwan
4. The Branch Manager, Siwan Central Co-operative Bank, Ltd., At and P.O.
and P.S. and District- Siwan
5. The Loan Officer, Siwan Central Co-operative Bank Ltd. At and P.O. and
P.S. and District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : M/s Mahesh Nr. Parbat, Sr. Advocate
Ved Prakash Srivastva, Advocate
For the State : Mr. Jitendra Kumar AC to AAG 11
For the Bank : Mr. Ranjeet Kumar, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 07.04.2025
1. The petitioner has filed the Writ petition
for the following reliefs:
"(i). To issue a writ of
certiorari for quashing the requisition
(Annexure -6) and entire proceeding
arising there from of certificate case
bearing no. 149 of 2015-16 pending
before the Managing Director-cum-
Certificate Officer, Siwan Central Co-
operative Bank Ltd., At & P. O. & P. S. &
District - Siwan, holding the same being
Patna High Court CWJC No.8671 of 2016 dt.07-04-2025
2/5
without jurisdiction interalia in absence
of any agreement in writing as required
under clause 15 schedule 1 of Bihar &
Orissa Public Demand Recovery Act,
1914 (hereinafter called the "PDR Act)
and also on the ground of being
suffering from official biasness.
(ii) To issue a writ of
certiorari for quashing the notice dated
25.8.2015
(Annexure 7) issued by the
office of the respondent Managing
Director-cum- Certificate Officer under
section 7 of the PDR Act in illegal and
arbitrary manner.
(iii) To issue a further writ of
certiorari for quashing the warrant of
attachment of properties dated
15.12.2015 (Annexure 8), issued by the
office of the respondent Managing
Director-cum-Certificate Officer in
certificate case no. 149 of 2015-16
through which direction has been issued
for attachment of movable properties of
petitioner in arbitrary manner.
(iv) To issue a further writ of
certiorari for quashing the warrant of
arrest of petitioner as contained in
letter no. 407 dated 4.2.2016
(Annexure-11), issued by the office of
Patna High Court CWJC No.8671 of 2016 dt.07-04-2025
the respondent Managing Director-cum-
Certificate Officer in certificate case no.
149 of 2015-16 through which direction
has been issued for arrest of petitioner
in illegal and arbitrary manner.
(v) To any other relief (s) for
which the petitioner may be found
entitle to.".
2. At the very outset, Learned counsel
for the parties contended that since this matter is
squarely covered under the order dated
03.02.2025 passed by the Hon'ble Supreme Court
of India in Special Leave Petition (Civil) Diary
No(s). 17509 of 2019 ( The State of Bihar &
Ors. Versus Nayan Kumar Sinha & Ors) and
other analogous cases, this Writ petition may
also be disposed of on the same terms and
conditions.
3. Heard the Learned Senior counsel
for the petitioner as well as the respondents.
4. The Hon'ble Supreme Court in
Special Leave Petition (Civil) Diary No(s).
17509 of 2019 (supra) has observed in
Patna High Court CWJC No.8671 of 2016 dt.07-04-2025
paragraph Nos. 8 and 9 as follows:
"8. In view of the above report of
the Committee, the submission of
learned counsel for the State of Bihar
as well as the Union of India is that
these petitions are virtually
infructuous and that nothing remains
to be decided.
9. Since the Committee was
constituted pursuant to the direction
of this Court in line with the directions
contained in the impugned judgment
and order of the High Court and a
report has been received in that
regard, we are of the opinion that
nothing survives for adjudication
herein and as such the petitions stand
disposed of with liberty to the
respondents that in case any coercive
action is taken against them in
pursuance of the supply of paddy for
the year 2014-2015, it will be open for
them to take recourse to whatever
legal remedies are available to them
in law including that of disputing the
correctness of the report itself, if
necessary. This will be without
prejudice to the rights of the
respondents. "
Patna High Court CWJC No.8671 of 2016 dt.07-04-2025
5. Having regard to the submissions
made by the Learned counsel for the parties, the
present Writ petition stands disposed of in terms of
the aforesaid order passed in Special Leave
Petition (Civil) Diary No(s). 17509 of 2019
(supra).
6. Interlocutory Application, if any, shall
stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.04.2025
Transmission Date
