Patna High Court
Rajesh Kumar vs The Food And Consumer Protection ... on 7 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3878 of 2017
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Rajesh Kumar Son of Badri Singh, Proprietor of Maa Shakti Rice Mill,
Resident of Village-Konchgaon, P.S.-Warasaliganj, District-Nawada
... ... Petitioner/s
Versus
1. The Food And Consumer Protection Department through its Principal
Secretary, Bihar at Patna
2. The State of Bihar through District Magistrate, District-Nawada
3. The Bihar State Food and Civil Supplies Corporation Limited through its
M.D. Bihar at Patna.
4. The District Magistrate, Bihar State Food and Civil Supply Corporation,
Limited, Nawada, District-Nawada
5. The District Certificate Officer, Nawada, District-Nawada
... ... 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. Sanjay Kumar Giri GP 9
For the BSFC : M/s Shailendra Kumar Singh
Utkarsh Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 07-02-2025
1. 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-01 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
of Public Demand Recovery Act, 1914(herein after
referred as "P.D.R.Act, 1914" for the sake of
Patna High Court CWJC No.3878 of 2017 dt.07-02-2025
brevity) as it is signed by the District Manager,
Nawada as well, blank at many places which is
evident from the Annexure-5 to this Writ application
thus amount to defective notice and defective
initiation of the certificate case;
ΙΙ. For issuance of an appropriate
Writ order/ direction(s)in the nature of Certiorari
for setting aside the certificate case bearing
certificate case no-01 of 2014-2015 as the same is
issued by the respondent no-5 under 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, Rohtas at Sasaram( herein
after referred as "B.S.F.C" for the sake of brevity)
as no proper notice under section-7 served to the
petitioner and also the process pursuant to the
notice has been issued without following the due
process of law and without following the mandatory
provisions of law which is in violation of the
fundamental rights of the petitioner as evident from
the Annexure-7 to the Writ application;
III. For issuance of an appropriate
Writ order/ direction(s)in the nature of Certiorari
for setting aside the entire order sheet in the
certificate case bearing certificate case no-01 of
2014-2015 issued by the respondent no-5 under the
Public demand recovery act as the process cannot
be issued when the whole action is without
jurisdiction;
IV. And for issuance of any other
relief or relief(s) for which the petitioner is entitled
Patna High Court CWJC No.3878 of 2017 dt.07-02-2025
for."
2. At the outset, Learned counsel for petitioner
contended that since this matter is squarely covered under the
order dated 01.10.2024 passed in CWJC No. 10372 of 2016
(Prem Nath Singh Versus The State of Bihar & Ors.), this
Writ petition may also be disposed of on the same term and
conditions. The Learned counsel for the petitioner in order to
substantiate his argument also relied on some judgments
passed by Division Bench of this Court as well as by Hon'ble
Supreme Court i.e. judgment dated 18.10.2023 passed in L.P.A.
No. 1643 of 2019 (Pintu Biswas Versus the State of Bihar &
Ors), Judgment dated 10.10.2017 passed in LPA NO. 1373 of
2017 (Ram Niwas Sharma Vs. The Food and Consumer
Protection Department & Ors.), and a judgment passed by
Hon'ble Supreme Court of India in Civil Appeals Nos. 471 of
1975 (State of Karnataka Vs. Shree Rameshwara Rice Mills,
Thirthahalli). The 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
Patna High Court CWJC No.3878 of 2017 dt.07-02-2025
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"
3. Heard the Learned counsel for the petitioner as
well as the respondents.
4. 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, Nawada 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.
Patna High Court CWJC No.3878 of 2017 dt.07-02-2025
5. It is made clear that in the meantime, the
Certificate Officer, Nawada, shall not resort to any coercive
action for recovery of the dues against the petitioner in
Certificate Case No. 01 of 2014-15.
6. With the aforesaid observations, this Writ
petition stands disposed of in light of the judgment passed in
Prem Nath Singh, Pintu Biswas, Ram Niwas Sharma and
Nageshwar Prasad Singh(supra).
7. Interlocutory Application(s), if any, shall stand
disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.02.2025
Transmission Date
