M/S Sasa Musa Sugar Works Pvt. Ltd. Through The Occupier Shahid Ali v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9135 of 2018 ====================================================== M/s Sasa Musa Sugar Works Pvt. Ltd. through the Occupier Shahid Ali, S/o Sri Shaukat Ali, R/o Sasa Musa, P.S.- Kuchaikot, District- Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Sugar Cane Development Department, Government of Bihar, Patna.

3. The District Magistrate-cum- Collector, Gopalganj.

4. The Sugarcane Officer, Gopalganj, District- Gopalganj.

5. The District Certificate Officer, Gopalganj, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Respondent/s :

Mr. Rajiv Roy -GP-1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 03-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

Petitioner has filed this writ application for the following reliefs:

(a) For quashing of entire Certificate Proceeding started in Case No. 01/ 2015-16 by the Certificate Officer, Gopalganj and the notice dated 22.02.2016 issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act.

(b) For a direction to the District Certificate Officer, Gopalganj not to take any coercive step against the petitioner during pendency of this writ application

Patna High Court CWJC No.9135 of 2018 dt.03-08-2018 2/3 (c) For any other relief or reliefs.

He submits that there is defect in the requisition and the certificate, as the Certificate Officer, Gopalganj has not recorded his satisfaction with regard to the dues outstanding from the petitioner. The certificate filed by the Certificate Officer also bears the signature of the Sugarcane Officer.

Learned counsel for the Respondent-State appears and has been heard.

In the present writ application, the issue involved is no longer res integra in view of the decision rendered by this Court in the case of Hari Prasad Agrawal Vs. State of Bihar, reported in 1975 BBCJ 723 and in the case of M/s Vishnu Sugar Mills Ltd. Vs. The State of Bihar & others, reported in 2015 (1) PLJR 863 by which the entire proceeding has been held to be without jurisdiction for want to proper requisition and certificate. In view of the above, in my opinion, the certificate proceeding being Certificate Case No. 01/201516 has not been initiated validly and the same is, accordingly, set aside with liberty to Respondent No.4, the

Patna High Court CWJC No.9135 of 2018 dt.03-08-2018 3/3 Sugarcane Officer, Gopalganj to take fresh steps for recovery of the outstanding dues, if so advised, in accordance with law.

This writ application is allowed.

(Nilu Agrawal, J.) Arjun/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2018 Transmission Date NA