Shanker Dayal Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6927 of 2020 ====================================================== Shanker Dayal Singh, Son of Late Ram Jatan Singh, Resident of Village Chhotaka Bahera, P.O. Jhari, P.S.-Amas, District Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Cooperative Department, Government of Bihar, Patna.

2.

District Magistrate, Gaya.

3.

District Cooperative Officer-cum-Certificate Officer, Gaya. 4.

Block Cooperative Extension Officer, Amas, Gaya. 5.

Magadh Central Cooperative Bank Limited, Gaya through its Managing Director, Magadh Central Cooperative Bank Limited, Gaya. 6.

Branch Manager, Magadh Central Cooperative Bank Limited Branch Sherghati, District Gaya.

7.

Ashok Kumar Singh, Son of Late Ram Charitra Singh, Manager, Jhari PACS, Resident of Village Bahera Kala, P.S. Amas, District Gaya. 8.

Vinod Kumar Singh, Son of Ram Naresh Prasad, Resident of Village Jahangirpur, P.S.- Sarmera, District Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr. Subhash Kumar, AC to SC 26 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT

2/4 (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 15-11-2021 Petitioner has prayed for the following relief(s):- Learned counsel for the petitioner submits that a certificate proceeding has been initiated against petitioner under the Public Demand Recovery Act, 1914 (hereinafter referred to as the 'Act') for recovery of amount of Rs. 26,22,382.50/- which is alleged to have been misappropriated while petitioner was posted as Chairman of

3/4 Jhari PACS in Amas Block.

It is submitted that he has taken objections under section 9 of the Act but without considering his objections and determining the liability of petitioner, warrant of arrest has been issued against him. Section-9 whereof reads as follows:- "9. Hearing and determining of such petition - The Certificate Officer in whose office the original certificate is filed may after hearing the petition and taking evidence if necessary confirm, set aside, modify or vary the certificate as he deems fit."

The writ petition is disposed of with a direction to the District Certificate Officer, Gaya, to first consider and decide the objections filed by the petitioner by a reasoned and speaking order and determine the liability of the petitioner under the PDR Act and thereafter only he can take coercive steps for realization of said amount and till order on objections filed by petitioner under section 9 of the PDR Act is not passed and his liability is not determined under the PDR Act, no coercive action be taken against the petitioner till such order, if not already passed, is passed by

4/4 the District Certificate Officer, Gaya.

The warrant of arrest issued against the petitioner shall remain under abeyance, till order is passed on the objection filed by the petitioner under Section 9 of the PDR Act.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Sanjay AFR/NAFR NAFR CAV DATE NA Uploading Date 22.11.2021 Transmission Date NA