Om Prakash Jaiswal v. The State Of Bihar And ORS

Patna High Court CWJC No.5903 of 2015 dt.13-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5903 of 2015 =========================================================== Om Prakash Jaiswal son of Bindeshwari Pd. Jaiswal resident of village + P.O.- Suktia, P.S. - Gopalpur, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Deputy Development Commissioner, District- Bhagalpur.

3. The District Magistrate, Bhagalpur, District - Bhagalpur.

4. The Block Development Officer-cum-Program Officer, Block - Gopalpur, District- Bhagalpur.

5. The Panchayat Secratary Gopalpur, P.S.- Gopalpur, District- Bhagalpur.

6. The Mukhiya , Suktiya Bazar , Block + P.S.- Gopalpur, District- Bhagalpur.

7. The District Certificate Officer, Bhagalpur, Dist. - Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar, Adv For the Respondent/s : Mr. Rakesh Kumar Srivastava, AC to GP15 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-09-2018 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. 10/2010-11 against the petitioner in terms of Section 7 of the Bihar & Orissa Public Demands Recovery Act (for short, "the PDR Act") for recovery of the dues amounting to Rs. 2,56,831.51 are wholly illegal and liable to be quashed.

3. The immediate concern of the petitioner is that a demand notice has been issued informing that kurki-japti process may be issued against him in connection with the dues amounting to Rs. 2,56,831.51 recoverable in terms of the notice dated 16.12.2014 issued by the District Certificate Officer, Bhagalpur in Certificate Case No. 10/201011.

Patna High Court CWJC No.5903 of 2015 dt.13-09-2018

4. Learned counsel for the petitioner at the outset itself states that pursuant to the orders of this Court, the Enquiry Commission headed by Hon'ble Mr. Justice Udai Sinha (Retired) has now submitted its report and any further action in relation to recovery of the value of undistributed rice under the SGRY Scheme would abide by the decision of the State Government to be taken on the basis of such report.

5. Learned counsel for the petitioner states on instruction that an objection petition under Section 9 of the PDR Act has already been filed before the Certificate Officer, which however, remains pending.

6. 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.

7. It is made clear that until disposal of such petition, if filed, the Certificate Officer, Bhagalpur shall refrain from resorting to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 10/2010-11.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 22.09.2018 Transmission Date NA