Bahadur Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.11392 of 2013 dt.01-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11392 of 2013 =========================================================== Bahadur Singh Son Of Late Ambika Singh, resident of Village- Akolhi, P.S.- Nuaon, District- Kaimur (Bhabhua) .... .... Petitioner

Versus

1. The State of Bihar through Collector, Kaimur (Bhabhua)

2. Collector, Kaimur (Bhabhua)

3. Certificate Officer, Kaimur (Bhabhua)

4. Branch Manager, Punjab National Bank, Ghorsara, P.S.- Ramgarh, DistrictKaimur (Bhabhua)

5. Superintendent of Police, Kaimur (Bhabhua)

6. Officer-in Charge, Nuaon, Kaimur.

.... .... Respondent =========================================================== Appearance :

For the Petitioner : Mr. Parmod Kumar Singh Mr. Suraj Kumar, Advocates.

For the Respondent : None =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-08-2018 The present writ petition has been filed for quashing the entire proceeding in Certificate Case No. 136(B)/2011-12 pending before the Certificate Officer, Kaimur, Bhabhua (respondent no. 3) and for connected reliefs.

2. Learned counsel for the petitioner makes a short submission to assail the action of the Certificate Officer. It is pointed out that an objection petition was filed before the Certificate Officer on 23.11.2012 in the backdrop of Rs. 1,90,000/- having been deposited pursuant to which the loan account for the petitioner was required to be closed in view of a notification of the Ministry of Finance, Union of India for waiver of Bank loans of small farmers. The Certificate Officer directed for reply to be filed on behalf of the Punjab National Bank. It

Patna High Court CWJC No.11392 of 2013 dt.01-08-2018 is submitted that the Certificate Officer however proceeded in an arbitrary manner in not awaiting the reply of the respondent Bank and without passing any order on the objection petition, proceeded to direct issuance of warrant against the petitioner.

3. None appears on behalf of the Bank despite repeated calls.

4. Having regard to the nature of the grievance of the petitioner, I am of the view that the ends of justice will be met if the Certificate Officer is directed to dispose of the objection petition filed by the petitioner on 23.11.2012 after grant of opportunity of hearing to the petitioner as well as to the respondent Bank and pass a speaking order in accordance with law before proceeding further in the matter. It is made clear that no coercive steps shall be taken against the petitioner in Certificate Case No. 136(B)/2011-12 pending before the Certificate Officer, Kaimur, Bhabua (respondent no. 3) until disposal of the petitioner's objection petition.

5. The writ petition stands allowed with the aforesaid observations and directions.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.08.2018 Transmission Date N.A.