Patna High Court
Ajeet Kumar @ Ajit Kumar vs The Food And Consumer Protection ... on 8 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11139 of 2017
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Ajeet Kumar @ Ajit Kumar Son of Suresh Prasad, Proprietor of M/s Jai Mata
Di Rice Mill, Resident of Village- Madhepur, P.S.- Kashichak, 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 Manager, Bihar State Food and Civil Supplies Corporation
Limited, Nawada, District- Nawada
5. The District Certificate Officer, Nawada, District- Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satyendra Prasad Singh, Advocate
For the Respondent/s : Mr. S. Raza Ahmad- AAG 5
For BSFC : M/s Shailendra Kumar Singh
Utkarsh Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 08-05-2025
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-07 of 2014- 2015
which has been initiated against the
petitioner on the basis certificate which
forms part of section -7 notice is
Patna High Court CWJC No.11139 of 2017 dt.08-05-2025
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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, Nawada as well,
blank at many places which is evident
from the Annexure-6 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-07 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, Nawada
(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
Patna High Court CWJC No.11139 of 2017 dt.08-05-2025
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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
Mandamus for staying the certificate
case bearing certificate case no-07 of
2014-2015 issued by the respondent
no-5 under the Public demand recovery
act as the process/warrant 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 for."
2. At the outset, Learned counsel for
petitioner contended that since this matter is
squarely covered under the order dated
(Raju Gupta 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
Patna High Court CWJC No.11139 of 2017 dt.08-05-2025
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).
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
Patna High Court CWJC No.11139 of 2017 dt.08-05-2025
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
Patna High Court CWJC No.11139 of 2017 dt.08-05-2025
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.
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. 07 of 2014-15.
6. With the aforesaid observations, this
writ petition stands disposed of in light of the
judgment passed in Raju Gupta, 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 08.05.2025
Transmission Date
