M/S Sasa Musa Sugar Works Pvt. Ltd. Through The Occuper Shahid Ali v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9180 of 2018 ====================================================== M/s Sasa Musa Sugar Works Pvt. Ltd. Through The Occuper Shahid Ali, S/o Sri Shaukat Ali, R/o Sasa Musa, p.S.- Kuchaikot, District- Gopalganj. ... ... Petitioner/s

Versus

1. The State Of Bihar.

2. The Principal Secretary, Sugar Cane Development Department, Govt. of Bihar, Patna.

3. The District Magistrate-cum-Collector, Gopalganj.

4. The Sugarcane Officr, Gopalganj, District- Gopalganj.

5. The District Certificate Officer, Gopalganj, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Respondent/s :

Mr. S.P.Singh -GA3 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 07-08-2018 Petitioner has filed a supplementary affidavit mentioning the correct certificate case number, as contained in Annexure-2.

Learned counsel for the petitioner is permitted to correct the certificate case number as 3 of 2015-16 in the writ application. Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

Petitioner has filed this writ application for the following reliefs:

"(a) For quashing of entire Certificate Proceeding started in Case No. 03/ 2015-16 by the Certificate Officer, Gopalganj and

Patna High Court CWJC No.9180 of 2018 dt.07-08-2018 2/3 the notice dated 08.03.2016 issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act.

(b) For a direction to the District Certificate Officer, Gopalganj not to take any coercive step against the petitioner during pendency of this writ application (c) For any other relief or reliefs."

Learned counsel for the petitioner submits that there is defect in the requisition and the certificate, as the Certificate Officer, Gopalganj has not recorded his satisfaction with regard to the dues outstanding from the petitioner. The certificate filed by the Certificate Officer also bears the signature of the Sugarcane Officer.

Learned counsel for the Respondent-State appears and has been heard.

In the present writ application, the issue involved is no longer res integra in view of the decision rendered by this Court in the case of Hari Prasad Agrawal Vs. State of Bihar, reported in 1975 BBCJ 723 and in the case of M/s Vishnu Sugar Mills Ltd. Vs. The State of Bihar & others, reported in 2015 (1) PLJR 863 by which the entire proceeding has been held to be without jurisdiction for want to proper requisition and certificate.

Patna High Court CWJC No.9180 of 2018 dt.07-08-2018 3/3 In view of the above, in my opinion, the certificate proceeding being Certificate Case No. 03/2015-16 has not been initiated validly and the same is, accordingly, set aside with liberty to Respondent No.4, the Sugarcane Officer, Gopalganj to take fresh steps for recovery of the outstanding dues, if so advised, in accordance with law.

This writ application is allowed as above.

(Nilu Agrawal, J) Arjun/Pragya AFR/NAFR NAFR CAV DATE NA Uploading Date 08.08.2018 Transmission Date NA