Patna High CourtCWJC/14683/2015disposed

Paras Kumar Jaiswal And ANR v. The State Of Bihar And ORS

2015-09-15Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14683 of 2015 =========================================================== Paras Kumar Jaiswal & Anr .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Shashi Bhushan Kumar,Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. AJAY, GA12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-09-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondentBihar State Food Corporation.

2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 678 of 2014-15 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. 34,41,631.75 are wholly illegal and liable to be quashed.

3. The immediate concern of the petitioner in this case is that a warrant of arrest has been issued against him in connection with the dues amounting Rs. 34,41,631.75 recoverable in terms of the notice dated 27.08.2014 issued by the Certificate

Patna High Court CWJC No.14683 of 2015 dt.15-09-2015 Officer, Purnea in Certificate Case No. 678 of 2014-15.

4. It is further submitted that an objection petition under Section 9 has already been filed which is pending before the Certificate Officer but without disposing of the same, the warrant of arrest has been issued.

5. With the consent of parties, the present writ petition is disposed of with direction to the Certificate Officer, Purnea to consider and dispose of the objection petition under Section 9 of the 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.

6. It is made clear that until disposal of such objection petition, the Certificate Officer, Purnea shall not resort to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 678 of 2014-15.

(Vikash Jain, J) Chandran U