Lalit Kumar Shahi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1148 of 2017 =========================================================== Lalit Kumar Shahi, S/o Sri Yugal Kishore Shahi, resident of Vill+PO- Prataptand, PS- Bhagwanpur, Dist- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Panchayat Raj, Govt. of Bihar, Patna.

2. The Collector, Vaishali.

3. The District Certificate Officer, Vaishali.

4. The Block Development Officer, Bhagwanpur, Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prakritita Sharma, Adv For the Respondent/s : SMT.ARCHANA MEENAKCHEE -GP6 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-03-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the entire Certificate proceedings in Certificate Case No. 209 of 2014-15 pending before the Certificate Officer, Vaishali; and for connected reliefs.

3. The immediate concern of petitioner in this case is that a warrant of arrest has been issued against him in connection with the dues amounting to Rs. 3,91,679/- recoverable in terms of the notice dated 04.10.2014 issued by the Certificate Officer, Vaishali in

Patna High Court CWJC No.1148 of 2017 dt.06-03-2018 Certificate Case No. 209 of 2014-15.

4. It is submitted neither on behalf of the petitioner that the entire Certificate proceeding is without jurisdiction, based as it is on the Certificate dated 04.10.2014 which has been filed without however, recording thereon the certificate case number, the requisite satisfaction of the Certificate Officer nor the individual liability of the two persons against whom recovery is sought to be made.

5. A division Bench of this Court in Nageshwar Prasad Singh vs. Rai Bahadur Kashinath Singh (1958 BLJR 820) considered the effect of a defective certificate on the validity of the proceedings and observed as follows :- "The Certificate-Officer must meticulously apply his mind to filing the certificate and filing 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 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 in valid and the officer concerned acts without jurisdiction".

6. In the above facts and circumstances and with the

Patna High Court CWJC No.1148 of 2017 dt.06-03-2018 consent of the parties, the present writ petition is disposed of setting aside the Certificate dated 04.10.2014, granting liberty to the Certificate Officer to draw up a certificate afresh in accordance with law.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 08.03.2018 Transmission Date NA