M/S Sasa Musa Sugar Works Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17780 of 2022 ====================================================== M/s Sasa Musa Sugar Works Pvt. Ltd. through the Director, Sajid Ali (Male) aged about 55 years, S/o Sri Shaukat Ali, R/o Sasa Musa, P.S.- Kuchaikot, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Sugarcane Development Department, Government of Bihar, Patna 2.

The Secretary, Sugar Cane Development Department, Govt. of Bihar, Patna. 3.

The District Magistrate-cum- Collector, Gopalganj. 4.

The Sugarcane Officer, Gopalganj, District- Gopalganj. 5.

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

For the Petitioner/s :

Mr. Udit Narayan Singh, Advocate Mr. Rajiv Kumar, Advocate For the Respondent/s :

Mr. Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 30-01-2023 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- " For quashing of Certificate issued in Misc. Case No. 01/20-21 by the Certificate Officer, Gopalganj and the notice dated Nil issued under the Bihar and Orisa Public Demand Recovery Act.

2/4 "

Impugned order dated 18.07.2022, passed by the Certificate Officer, Gopalganj in Misc. Case No. 01/2020-21 (Annexure-6 Page No. 41), to say the least, is cryptic and unreasoned, much less having considered the objections filed by the petitioner (Page No. 36). By way of one sentence, without assigning any reasons, objection filed under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914 stands rejected.

3/4 Reasons thereof cannot be inferred even by imagination from the impugned order.

Rejection of objection entails civil and penal consequences. Also, the impugned order has been passed without complying with the principles of natural justice. As such, we quash and set aside the impugned order dated 18.07.2022, passed by the Certificate Officer, Gopalganj in Misc. Case No. 01/2020-21 (Annexure-6 Page No. 41) as also the Certificate issued in Misc. Case No. 01/20-21 (Annexure-2, Page No. 19) with a direction to the Certificate Officer, Gopalganj to decide the objection afresh within a period of three months, accounting for the issues raised by the petitioner under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914, as also assigning reasons and complying with the principles of natural justice.

Liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.

4/4 Also, liberty reserved to the petitioner to approach the Court, should the need so arise subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits. All issues are left open.

The instant petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 31.01.2023 Transmission Date