Manish Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14147 of 2015 =========================================================== Manish Kumar, aged about 39 years, Son of Sri Arun Kumar Jha, resident of Maithili Tola, P.O.- Madhubani, P.S.- K.Hat, District- Purnea. .... .... Petitioner
Versus
1. The State of Bihar.
2. The District Magistrate, Purnea.
3. The Additional Collector, Purnea.
4. The Certificate Officer, Purnea.
5. The District Manager, Bihar State Food and Civil Supply Corporation, Purnea. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Shashi Bhushan Kumar,Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. AJAY, GA12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-09-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent-Bihar State Food Corporation.
2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 666 of 2014-15 against the petitioner in terms of Section 7 of the Bihar & Orissa Public Demands Recovery Act (for short, "the Act") for recovery of the dues amounting to Rs. 2,88,52,036.17 are wholly illegal and liable to be quashed.
3. The immediate concern of the petitioner in this case is that a warrant of arrest has been issued against him in connection with the dues amounting to Rs. 2,88,52,036.17 recoverable in terms of the notice dated 27.08.2014 issued by the Additional Collector-cum- District Certificate Officer,
Patna High Court CWJC No.14147 of 2015 dt.15-09-2015 Purnea in Certificate Case No. No. 666 of 2014-15.
4. It is further submitted that an objection petition under Section 9 has already been filed which is pending before the Additional Collector-cum- District Certificate Officer, Purnea but without disposing of the same, the warrant of arrest has been issued.
5. With the consent of parties, the present writ petition is disposed of with direction to the Additional Collector-cum- District Certificate Officer, Purnea to consider and dispose of the objection petition under Section 9 of the Act said to have been filed by the petitioner, on its own merits, in accordance with law and in terms of Section 10 of the said Act within a period of four weeks from the date of receipt/production of a copy of this judgment.
6. It is made clear that until disposal of such objection petition, the Additional Collector-cum- District Certificate Officer, Purnea shall not resort to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 666 of 2014-15. (Vikash Jain, J) Chandran U