Anil Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16099 of 2019 ====================================================== Anil Kumar Verma, son of Late Kameshwar Prasad Verma, resident of Village- Ashthua, P.S.- Singhwara, District- Darbhanga At present E-89A, Maksudabad Najafgarh, South West Delhi, Delhi- 110043. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Darbhanga. 2.

The District Co-operative Officer, Darbhanga. 3.

The Block Co-operative Officer-cum- Certificate Officer, Singhwara, Darbhanga.

4.

The Bihar State Food and Civil Supplied Corporation, Pandasaria, Laheriasarai, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Das, Advocate For the Respondent/s :

Mr. Rajeev Shekhar, Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2020 The petitioner has sought quashing of the entire certificate proceedings against him on the ground that he has already deposited major part of the certificate amount under the directions of this Court which was issued while disposing off his bail petition and is also ready to deposit the entire balance certificate amount. There is no reason why such a request be not made by the petitioner before the Certificate Officer. The entire purpose of a proceeding under the Bihar & Orissa Public Demands Recovery Act, 1914 is to recover the public money from the defaulters. If the petitioner is

Patna High Court CWJC No.16099 of 2019(2) dt.17-01-2020 2/2 ready to make good the amount which is due against him, there is no reason why such a representation be not considered by the Certificate Officer.

The petitioner ought to prefer an application before the Certificate Officer, which the petitioner says has already been filed. In that case if it has not yet been disposed off by the Certificate Officer, the same shall be looked into and a reasoned order shall be passed. In order to facilitate this exercise, this Court provides that in the event of the petitioner bringing a copy of this order to the notice of the Certificate Officer, necessary orders on the representation of the petitioner as aforesaid would be passed within a period of four weeks of the same.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U