Indradev Kumar @ Indradev Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.642 of 2014 =========================================================== Indradev Kumar @ Indradev Prasad Son Of Late Bhuvneshwar Sah Resident Of Village- Dariyapur, P.S.- Jamalpur, District- Munger .... .... Petitioner

Versus

1. The State of Bihar

2. The Deputy Development Commissioner, Munger

3. The District Magistrate, Munger

4. The Block Development Officer Block- Jamalpur Cum Executive Officer, Panchayat Samiti, Jamalpur District- Munger

5. The Certificate Officer, Munger .... .... Respondents =========================================================== Appearance :

For the Petitioner : Ms. Sushmita Mishra,Advocate Mr. Surya Narayan Sah, Advocate For the State : Mr. Manish Kuma 3, AC to SC 6 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-10-2015 Heard learned counsel for the petitioner and learned counsel for the Respondents.

2. As prayed, learned counsel for the petitioner is permitted to delete Respondent No. 6 and 7 from the array of parties in course of the day.

3. The present writ petition has been filed for quashing the demand notice dated 02.04.2012 issued by the Certificate Officer, Munger purportedly under Section 7 of the Bihar and Orissa Public Demands Recovery Act (for short, "the Act") in Certificate Case no. 06/2011-12 for realization of

Patna High Court CWJC No.642 of 2014 dt.27-10-2015 demand of Rs. 8,95,377.20 from the petitioner.

4. It is submitted that the impugned notice dated 02.04.2012 is invalid as the same was not accompanied by a copy of the certificate as mandated under Section 7 of the Act, in absence of which the petitioner was prevented from filing an effective objection. It is further submitted that as a consequence thereof the entire certificate proceeding has been rendered invalid.

5. Learned counsel for the respondents submits on the basis of counter affidavit that the petitioner has duly received the impugned notice, but no objection under Section 9 of the Act has been filed.

6. This Court is of the view that in terms of Section 7 of the Act, the impugned notice dated 02.04.2012 was required to be served along with a copy of the certificate. The said provision reads as follows - "Service of notice and copy of certificate on certificate debtorWhen a certificate has been filed in the office of a certificate officer under Section 4 or Section 6, he shall cause to be served upon the certificate-debtor, in the prescribed manner, a notice in the prescribed form and a copy of the certificate.

7. In the above view of the matter, the impugned notice dated 02.04.2012 issued under Section 7 of the P.D.R. Act is

Patna High Court CWJC No.642 of 2014 dt.27-10-2015 hereby quashed. The matter is remitted to the Certificate Officer, Munger (Respondent no. 5) for issuance of fresh notice under Section 7 of the Act accompanied by a copy of certificate, before proceeding in the matter in accordance with law.

8. The writ petition stands allowed.

(Vikash Jain, J) Chandran U