Patna High Court
Ramesh Kumar Gupta vs The Food And Consumer Protection ... on 8 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16210 of 2017
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Ramesh Kumar Gupta son of Late Ram Raj Sao Proprietor of M/s Jyoti
Modern Rice Mill, resident of village - Pirauta, P.O. - Ram Chandra Nagar,
P.S. - Phesar, District - Aurangabad.
... ... Petitioner/s
Versus
1. The Food And Consumer Protection Department Through Its Principal
Secretary and Ors
2. The State of Bihar through District Magistrate, District - Aurangabad.
3. The Bihar State Food and Civil Supplies Corporation Limited through its
M.D. Bihar at Patna.
4. The District Manager, Bihar State Food and Civil Supplies Corporation
Limited, Aurangabad, District
5. The District Certificate Officer, Aurangabad, District - Aurangabad.
... ... 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. Arvind Ujwal, SC 4
For the BSFC : M/s Shailendra Kumar Singh
Utkarsh Bhushan,
Utkarsh Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 08-07-2025
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-71 of 2014-2015
Patna High Court CWJC No.16210 of 2017 dt.08-07-2025
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which has been initiated against the
petitioner on the basis
certificate(Annexure-6) 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 brevity) as it is signed by the
District Manager, Aurangabad as well,
blank at many places which is evident
from the Annexure- 6/A to this writ
application thus amount to defective
notice and defective initiation of the
certificate case;
II. For issuance of an
appropriate writ order/ direction(s)in the
nature of Certiorari for setting aside the
certificate case bearing certificate case
no-71 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
theground that the process is not
followed properly by the Bihar State
Food and Civil Supplies Corporation,
Aurangabad( 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
Patna High Court CWJC No.16210 of 2017 dt.08-07-2025
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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;
III. For issuance of an
appropriate writ order/ direction(s) in
the nature of Mandamus for a direction
to stay the Certificate Case No.
71/2014-15
pending in the Court of
District Certificate Officer, Aurangabad;
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
(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).
Patna High Court CWJC No.16210 of 2017 dt.08-07-2025
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
Patna High Court CWJC No.16210 of 2017 dt.08-07-2025
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, Aurangabad 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 needless to mention that before
passing any order, the authority concerned shall
give an opportunity of hearing to the petitioner.
Any order passed shall be communicated to the
petitioner. The entire exercise shall be completed
as expeditiously as possible preferably within a
period of three months from the date of receipt /
production of a copy of this order.
7. It is made clear that in the
meantime, the Certificate Officer, Aurangabad,
Patna High Court CWJC No.16210 of 2017 dt.08-07-2025
shall not resort to any coercive action for recovery
of the dues against the petitioner in Certificate
Case No. 71 of 2014-15.
8. With the aforesaid observations, this
writ petition stands disposed of in light of the
judgment passed in 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 09.07.2025
Transmission Date
