Ram Sudist Narain Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16827 of 2016 =========================================================== Ram Sudist Narain Jha Son of Late Pratap Narain Jha, resident of village and P.O. Koraiyari, P.S. Sursand, District - Sitamarhi .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Finance Department, Bihar, Patna
2. District Magistrate, Sitamarhi
3. Sub - Divisional Officer, Sadar at Sitamarhi
4. Sub - Divisional Certificate Officer, Sitamarhi .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Singh No. 1, Advocate For the Respondents : Mr. Raghwendra Kumar, SC22 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-02-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.
2. The present writ petition has been filed for quashing the notice issued under Section 7 of the Bihar & Orissa Public Demand Recovery Act, 1914 in Certificate Case No. 50/2015-16 for recovery of loan amount of Rs. 7,39,560/-.
3. Learned counsel for the petitioner submits that the loan in question has been taken by some unknown person by forging the petitioner's signature. It is stated that the petitioner has not taken loan in question, as such the question of recovery of the same from the petitioner is wholly arbitrary and illegal.
4. Having regard to the nature of the grievance of the petitioner, this Court is of the view that the issue whether or not the
Patna High Court CWJC No.16827 of 2016 dt.08-02-2018 2/2 loan was taken by the petitioner or by some other person after forging his signature involves the disputed question of fact which cannot be gone into in the present writ petition. This Court therefore is not inclined to interfere in the matter.
5. The writ petition is accordingly disposed of with liberty to the petitioner to seek remedy for redressal of his grievances before the appropriate forum.
(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 13.02.2018 Transmission Date N.A.