Kumar Anant Singh @ Kumar Aanand Singh @ Aanand Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8326 of 2016 ====================================================== Kumar Anant Singh @ Kumar Aanand Singh @ Aanand Singh Son of Sri Dharikshan Singh, Director of Capttain Ramesh Rice Mills Private Limited resident of Sri Rampur, P.O. Kasap, P.S. Udwant Nagar, District - Bhojpur Ara ... ... Petitioner/s
Versus
1.
The State Of Bihar through District Magistrate, District Bhojpur (Ara) 2.
The Bihar State Food and Civil Supplies Corporation Limited through its M.D., Bihar at Patna 3.
The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Bhojpur Ara , District Bhojpur at Ara 4.
The District Certificate officer, Bhojpur Ara , District Bhojpur Ara 5.
The Officer in Charge, Udwant Nagar, P.S. Udwant Nagar, District - Bhojpur at Ara ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
M/s Sumeet Kumar Singh Shivam Singh Kumar Vikram Alka Singh, Advocates For the State :
Mr. Ramadhar Singh, GP 25 For the BSFC :
M/s Shailendra Kumar Singh Utkarsh Bhushan, Utkarsh Utpal, Advocates ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 04-10-2024
1. The petitioner has filed the instant application for the following reliefs:
"(i) That the present writ application is being filed for issuance of an appropriate writ order/ direction(s) in the nature of Certiorari for quashing the Certificate Case no- 01 of 2014-2015 which has been initiated against the petitioner on the basis Certificate which forms part of section -7 notice is contrary to the statuary rules
2/5 of Public Demand Recovery Act, 1914 (herein after referred as "P.D.R.Act, 1914" for the sake of brevity) as it is signed by the District Manager, Bhojpur at Ara, which is evident from the ordersheet attached in Annexure-5 and 5/A, to this writ application thus amount to defective notice and defective initiation of the Certificate case II. For issuance of an appropriate writ order/ direction(s) in the nature of Certiorari for setting aside the Certificate notice bearing Certificate case no- 01 of 2014-2015 as there is no requisition in the present case which has been sent by the District Manager, Bhojpur at Ara to the Certificate Officer, Bhojpur at Ara.
III. That the present writ application is being filed for issuance of an appropriate writ order / direction(s) in the nature of Certiorari for quashing the Certificate of the Certificate Case No. 01 of 2014-15 which has been initiated againsts the petitioner under Section 7 of the Public Demand Recovery Act by which it is asked to pay amount of Rs. 3,12,04,056.45/0- ; on the ground that the process is not followed properly by the Bihar State Food and Civil Supplies Corporation, Gaya (hereinafter referred to as B.S.F.C for the sake of brevity) in serving the notice without following the mandatory process as the form no-2 has not been sent (requisition) which in violation of the fundamental rights of the petitioner. IV. That the present writ application is being filed for issuance of an appropriate writ order / direction(s) in the nature of Certiorari for quashing the entire process initiated in Certificate case no-01 of 2014-15 and to issue the fresh certificate and requisition; on the ground
3/5 that the same is without the proper certificate or requisition under the Public Demand Recovery Act, 1914 and thus the whole process is without jurisdiction and further the entire proceeding is without jurisdiction;
V. And for issuance of any other relief or relief(s) for which the petitioner is entitled for."
2. At the outset, Learned counsel for petitioner contended that since this matter is squarely covered under the order dated 11.07.2024 passed in CWJC No. 9221 of 2016 (Raju Gupta Versus The State of Bihar & Ors.), this writ petition may also be disposed of on the same term and conditions. Learned counsel for the petitioner further draws attention of this Court on a judgment passed by a Division Bench of this Court in Nageshwar Prasad Singh Vs. Rai Bahadur Kashinath Singh (1958 BLJR 820). As regards the effect of a defective Certificate on the validity of the Certificate proceeding, the Division Bench of this Court in Nageshwar Prasad Singh (supra) has observed as follows: "The Certificate-Officer must meticulously apply his mind to filing the Certificate and filling in the columns and blanks correctly and in appending his Certificate in the form prescribed, and that the filling in of the forms is a matter of substance and is imperative, to give the Certificate the force of a decree of court of law, and if it is found that the
4/5 Certificate-Officer had not applied his mind at all and that some of the blank spaces were not filled up, or were incorrectly filled up, the document so prepared and filed is not a Certificate under the Public Demands Recovery Act. The Certificate proceedings are wholly invalid and the officer concerned acts without jurisdiction"
3. Heard the Learned counsel for the petitioner as well as the respondents.
4. In view of the fact that this matter is squarely covered by the aforesaid judgments, in the totality of the circumstances, I am of the opinion that the Certificate issued in Form No. 1 signed by the District Manager of the BSFC and the Certificate Officer in the manner aforesaid is held to be invalid and is hereby quashed along with the notice under Section 7 of the Act issued in pursuance thereof. The matter is remitted to the Certificate Officer, Bhojpur at Ara for issuance of a fresh Certificate as well as the notice under Section 7 of the Act and thereafter to proceed in the matter in accordance with law.
5. It is made clear that in the meantime, the Certificate Officer, Bhojpur at Ara, shall not resort to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 01 of 2014-15.
6. With the aforesaid observations, this writ petition stands disposed of in light of the judgment passed in
5/5 Raju Gupta and Nageshwar Prasad Singh(supra).
7. Interlocutory Application(s), if any, shall stand disposed of.
(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.10.2024 Transmission Date NA