Dharmendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9727 of 2015 =========================================================== Dharmendra Kumar son of Sadhu Sah Proprietor of Maa Mundeshwari Mini Rice Mill, Resident of village- Bihari Mill Anaith, P.S. Ara Nawada, District - Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar through District Magistrate, District - Bhojpur (Ara).

2. The Bihar State Food and Civil Supplies Corporation Limited through its M.D., Bihar at Patna.

3. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Bhojour (Ara), District - Bhojour (Ara0.

4. The District Certificate Officer, Bhojpur at Ara, District - Bhojpur.

5. The Food Corporation of India, Divisional Manager, Bhojpur Division, District - Bhojpur.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sumeet Kumar Singh, Advocate For the State : Mr. Kumar Priyaranjan- SC23 For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the FCI : Mr. Prabhakar Tekriwal, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-08-2015 Heard learned counsel for the petitioner, learned Standing Counsel No.23 for the State, learned counsel for the respondentCorporation and also learned counsel for the respondent-FCI.

2. This writ petition has been filed for quashing the entire certificate proceeding initiated against the petitioner in Certificate Case No.14 of 2014-15 and for connected reliefs.

3. It is submitted on behalf of the petitioner that the notice under Section 7 issued in Form No.3 of Schedule II of the Bihar & Orissa Public Demands Recovery Act (For short, "the Act") does not meet with the statutory requirements as the same is not only

Patna High Court CWJC No.9727 of 2015 dt.10-08-2015 2/3 undated but has been signed by the District Manager, Bihar State Food & Civil Supplies Corporation, Bhojpur (For short, "the BSFC") as evident from the copy of the certificate enclosed with the notice under Section 7 of the Act. The mere fact that the certificate has also been signed by the Certificate Officer, will not clothe it with validity.

4. Learned counsel for the respondents, fairly accepts that the notice under Section 7 of the Act is undated. As regards the certificate itself, however, it is submitted that the same is valid inasmuch as it has duly been signed by the Certificate Officer.

5. This Court finds considerable force in the submissions of learned counsel for the petitioner. The notice issued under Section 7 of the Act is undated. But what denudes the certificate of its validity is that the same has been issued under the signature of the District Manager, BSFC, Bhojpur at Arrah, who is not the Certificate Officer. Under Section 5 of the Act, the District Manager could only have written and sent a requisition in Form No.2 to the Certificate Officer and there could have been no occasion for him at all to have signed a certificate issued in Form No.1. The Certificate, no doubt, also contains the signature of the Certificate Officer below that of the District Manger, which rather shows lack of independent application of mind by the Certificate Officer. Section 6 of the Act requires the Certificate Officer to be satisfied that the demand is recoverable

Patna High Court CWJC No.9727 of 2015 dt.10-08-2015 3/3 before he signs the certificate. In the present case, it is clear that he has merely signed the certificate mechanically below the signature of the District Manager.

6. In the above circumstances, 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 undated notice under Section 7 of the Act issued in pursuance thereof. The matter is remitted to the Certificate Officer, Bhojpur, Ara for issuance of a fresh certificate as well as the notice under Section 7 of the Act and proceed in the matter in accordance with law.

7. It is made clear that in the meantime, the Certificate Officer, Bhojpur at Arrah, shall not resort to any coercive action for recovery of the dues against the petitioner in Certificate Case No.14 of 2014-15

6. The writ petition stands disposed of. (Vikash Jain, J) B.T/- U