Maritunjay Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21000 of 2012 =========================================================== Maritunjay Kumar Singh, son of Late Krishna Singh, resident of Village- Baraki Chilmi, P.S.- Amas, Distt.- Gaya .... .... Petitioner
Versus
1. The State of Bihar, through the Secretary, Food & Civil Supply Corporation Department, Govt. of Bihar, Patna
2. The Sub Divisional Officer, Sherghati, Gaya
3. The Block Development Officer, Amas, Gaya
4. The Certificate Officer, Gaya .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Dhananjaya Nath Tiwari, Adv. For the State : Mr. Sanjay Kumar, AC to GP-23. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-10-2016 Heard learned counsel for the petitioner as well as learned counsel for the State.
2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 28/2011-12 in terms of a notice under Section 7 of the Bihar & Orissa Public Demands Recovery Act (for short, "PDR Act") for recovery of dues amounting to Rs. 1,53,083/- are wholly illegal and liable to be quashed.
3. Learned counsel for the petitioner fairly states that pursuant to the impugned notice dated 15.09.2011, the petitioner has not filed objection petition under Section 9 of the PDR Act denying his liability in respect of the amounts sought to be recovered on the ground that the dues relate to his deceased father.
Patna High Court CWJC No.21000 of 2012 dt.05-10-2016 2/2
4. In the above view of the matter and with consent of the parties, the present writ petition is disposed of granting liberty to the petitioner to file his petition under Section 9 of the PDR Act within a period of four weeks from today, which, if done, shall be disposed of by the Certificate Officer, Gaya on its own merits within a further period of four weeks thereafter in accordance with law and in terms of Section 10 of the said Act.
5. It is made clear that until disposal of such petition, if filed, the Certificate Officer, Gaya shall not resort to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 28/2011-12.
6. The writ petition stands disposed of.
(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 05.10.2016 Transmission Date N.A.