Patna High Court
Sant Singh vs The State Of Bihar And Ors on 24 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17166 of 2016
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Sant Singh Son of Late Diwakar Singh, Resident of Village- Ramnagar,
Police Station- Obra, District- Aurangabad. At Present r/o Chauhan Bhawan,
Krishna Nagar, Police Station- Aurangabad T, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Aurangabad.
3. The Mines Development Officer, Aurangabad.
4. The Deputy District Mining Officer, Aurangabad.
5. The Certificate Officer Mines cum Deputy Director Mines, Magadh Circle,
Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari, Advocate
For the State : Mr. Gyan Prakash Ojha, GA 7
For the Mines : M/s Naresh Dikshit
Kalpana, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 24-02-2025
1. The petitioner has filed the Writ application for
the following reliefs:
"i. For issuance of appropriate
writ/ writs, order/ orders, for quashing of the
Certificate Number 32/ 07-08 dated
03.12.2007
, issued by the respondent no. 5,
whereby a Public Demand of Rs. 1,18,7000/-
has been erroneously and wrongly made
against the petitioner and two others as a fine
for running brick kiln for the the period 2005-
06 at village Tetaria, P.S. and District
Patna High Court CWJC No.17166 of 2016 dt.24-02-2025
Aurangabad.
II. For quashing of Certificate
Notice issued to the petitioner by letter No. 34
dated 03.12.2007 in Certificate Case No.
32/08-08 by respondent no. 5, because the
same has been issued erroneously by the
respondents without verifying the records and
also because the same was never served upon
the petitioner.
III. For quashing of warrant of
arrest issued by the respondent no. 5 against
the petitioner on 02.01.2016 in Certificate
Case No. 32/07-08, vide letter no. 34 because
the same has been issued to the petitioner
erroneously and illegally.
IV. For any other relief /reliefs to
which the petitioner may be entitled to in the
facts and circumstances of the case."
2. At the outset, Learned counsel for petitioner
contended that since this matter is squarely covered under
the order dated 16.12.2024 passed by this Court in CWJC
No. 13802 of 2016 (Sant Singh Versus The State of Bihar
& Ors.) and order dated 11.07.2024 passed in CWJC No.
9221 of 2016 (Raju Gupta Versus The State of Bihar &
Patna High Court CWJC No.17166 of 2016 dt.24-02-2025
Ors.), this Writ petition may also be disposed of on the
same terms 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
Patna High Court CWJC No.17166 of 2016 dt.24-02-2025
acts without jurisdiction"
3. Heard the Learned counsel for the
petitioner as well as the respondents.
4. Apart from it, the Learned counsel for the
petitioner also raised the point of limitation and contended
that the recovery is barred by limitation and relied on the
decision of this Court passed in CWJC No. 21332 of 2011
(Rabindra Mishra Vs. Land Development Bank & Ors).
5. It is a matter of fact, which cannot be
decided by this Court, However, the petitioner is at liberty
to raise his defence on the ground of limitation before the
authority.
6. 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 Certificate Officer
(Mines) cum Deputy Director (Mines), Magadh Circle,
Gaya 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
Patna High Court CWJC No.17166 of 2016 dt.24-02-2025
thereof. The matter is remitted to the concerned Certificate
Officer, 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.
7. It is made clear that in the meantime, the
Certificate Officer, Aurangabad / Concerned Certificate
Officer shall not resort to any coercive action for recovery
of the dues against the petitioner in Certificate Case No.
32/07-08.
8. With the aforesaid observations, this writ
petition stands disposed of in light of the judgment passed
in, Sant Singh, Raju Gupta and Nageshwar Prasad
Singh (supra).
9. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.02.2025
Transmission Date
