Anil Kumar Singh v. The State Of Bihar And ORS
Patna High Court CWJC No.18987 of 2015 dt.31-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18987 of 2015 =========================================================== Anil Kumar Singh, son of Late Panchdeo Kunwar, resident of Village Tejoul, P.O. Baruari, Police Station Gaighat, District Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar through Secretary, Food and Civil Supplies Department, Government of Bihar
2. The Commissioner, Darbhanga Division, Darbhanga.
3. The District Magistrate, Darbhanga.
4. The District Certificate Officer-cum- Additional Collector, Darbhanga.
5. The Bihar State Food & Civil Supplies Corporation through its Managing Director, Sone Bhawan, Patna, Bihar.
6. The Managing Director, Bihar State Food & Civil Supplies Corporation, Sone Bhawan, Patna, Bihar.
7. The District Manager, State Food Corporation, Darbhanga. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Respondent/s : Mr. GA9- ANIL KUMAR SINHA =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 31-08-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 04/2014-15 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. 72,55,491.87 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. 72,55,491.87 recoverable in terms of the notice
Patna High Court CWJC No.18987 of 2015 dt.31-08-2018 dated 22.07.2015 issued by the Certificate Officer-cum-Additional Collector, Darbhanga in Certificate Case No. 04/2014-15.
4. It is further submitted that an objection petition under Section 9 has already been filed which is pending before the Certificate Officer 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 District Certificate Officer to consider and dispose of the objection petition under Section 9 of the PDR 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 petition, if filed, the Certificate Officer-cum-Additional Collector, Darbhanga shall refrain from resorting to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 04/2014-15. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 07.09.2018 Transmission Date NA