Uday Kant Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11119 of 2011 =========================================================== Uday Kant Singh, son of Upendra Narayan Singh, resident of village- Phulouth, P.S.-Phulouth, Distt.-Madhepura.

.... .... Petitioner

Versus

1. The State of Bihar through District Magistrate, Madhepura.

2. The Director, Bihar State Co-operative Land Development Bank Samiti, Patna.

3. The Branch Manager, The Bihar State Co-operative Land Development Bank. i.e. Kishunganj, Madhepura.

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

For the Petitioner : Mr. Shailendra Kumar Tiwary, Advocate For the State (Respondent No.1) : Mr. Mritunjay Kumar, A.C. to AAG-10 For the Respondent No.2 and 3 : Mr. Rajesh Prasad Choudhary, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 29-03-2016 Heard learned counsel for the petitioner and the respondents.

2. The present writ application has been filed for quashing the demand order for payment of Rs. 1,00,000/- by 28.02.2011 failing which a certificate proceeding would be initiated; and for connected reliefs.

3. In course of argument, learned counsel for the petitioner was unable to make any submission whatsoever to support the challenge against the demand for payment of Rs. 1,00,000/-. His only contention was that he was sent to jail after being arrested in the month of October, 2007 and had been forced to pay a sum of Rs.

Patna High Court CWJC No.11119 of 2011 dt.29-03-2016 2/2 23,000/-.

4. Learned counsel for the respondents, on the other hand, submits that the impugned letter requiring the petitioner to make payment of Rs. 1,00,000/- by 28.02.2011 was not in the nature of demand notice at all, rather it was an invitation to the petitioner to make payment of the said amount if he wished to avail the ongoing scheme for waiver of interest which was in operation till 31.3.2011.

5. Having regard to the stand of the parties, this Court finds the writ petition to be devoid of any merit and the same is accordingly dismissed.

(Vikash Jain, J) N.H./- U