Patna High CourtCWJC/15085/2015disposed

Radheyshyam Gupta v. The State Of Bihar And ORS

2015-12-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15085 of 2015 =========================================================== Radheyshyam Gupta S/o Sri Ram Kishore Shah, resident of Village+P.O.- Brahampur Chourasta, P.S.- Brahampur, District- Buxar. .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate cum Collector, Buxar.

3. The Deputy Collector, Land Reforms, Buxar.

4. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Buxar.

5. Additional District Magistrate cum Certificate Officer, Buxar. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar,Advocate Mr. Mohit Srivastava, Advocate For the BSFC Mr. Shailendra Kumar Singh, Advocate For the Respondent/s : Mr. Ritesh Kumar, SC 33 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-12-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar State Food and Civil Supplies Corporation.

2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 48 of 2013-14 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. 78,30,664.96 are wholly illegal and liable to be quashed.

3. Learned counsel for the respondent-Corporation submits that the petitioner does not appear to have filed any

Patna High Court CWJC No.15085 of 2015 dt.01-12-2015 petition under Section 9 of the Act denying his liability, and as such there is no illegality in the action of the Respondents.

4. Be that as it may, with the consent of parties, the present writ petition is disposed of granting liberty to the petitioner to file his petition under Section 9 of the Act within a period of three weeks from today, which, if done, shall be disposed of by the Additional Collector-cum-Certificate Officer on its own merits within a further period of four weeks thereafter in accordance with law and in terms of Section 10 of the said Act.

5. The writ petition stands disposed of.

(Vikash Jain, J) Chandran U