Bharat Purvey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4718 of 2016 ======================================================
1. Bharat Purvey Son of Sri Shambhu Purvery resident of village - Madhwapur, P.S. Madhwapur, District - Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Food & Civil Supply, Govt. of Bihar, Patna
2. District Certificate officer, Madhubani
3. District Manager, Bihar State Food Civil Supply Corporation Madhubani .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dudh Nath Singh For the Respondent/s : Mr. Nirmal Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-09-2017 Heard the parties.
In the present case, petitioner is challenging the entire Certificate Case No.6 of 2013-2014.
A certificate proceeding vide Certificate Case NMo. 6 of 2013-2014 was initiated against the petitioner and he has filed objection petition under Section 9 of the PDR Act but without disposing of the objection petition body warrant has been issued against him vide Memo No.554 dated 22.9.2015. The matter relates to 2011-2012 and basic issue has been raised that there was no agreement to recover any outstanding dues against the petitioner under the PDR Act. The issue of recovery of such amount came for
Patna High Court CWJC No.4718 of 2016 (3) dt.04-09-2017 consideration in C.W.J.C. No.13746 of 2013 has been decided that as there is no agreement for recovery of amount under PDR Act, to recover under the said Act not permissible but view has been overruled in L.P.A. No.1576 of 2014 and the same has been challenged in S.L.P. No.16909 of 2016. In such view of the matter, warrant of arrest dated 22.9.2015 is set aside.. This case will be subject to the result of S.L.P. No. 16909 of 2016.
The authority will take action in terms of the order passed by Hon'bel Supreme Court in S.L.P. No. 16909 of 2016.
With the aforesaid observation this writ petition is disposed of.
(Shivaji Pandey, J) Vinay/- U