Uday Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.11886 of 2015 dt.07-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11886 of 2015 =========================================================== Uday Singh Son of Ram Swaroop Singh proprietor of M/s Satya Naryan Rice and Flour Mill, resident of Village- Kara, P.S. Obra,District Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, District Aurangabad

2. The Bihar State Food and Civil Food Supplies Corporation limited through its M.D. Bihar at Patna.

3. The District Manager, Bihar State Food & Civil Supplies Corporation Corporation , limited, Aurangabad, District Aurangabad.

4. The District Certificate Officer, Bhojpur at Aurangabad, District Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv. For the BSFC : Mr. Shailendra Kumar Singh, Adv. For the Respondent/s : Mr. Raju Giri, GP-30 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 07-08-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent-Corporation.

2. This writ petition has been filed for quashing the entire certificate proceeding initiated against the petitioner in Certificate Case No.83 of 2014-15 and for connected reliefs.

3. It is submitted on behalf of the petitioner that the notice under Section 7 issued in Form No.3 of Schedule II of the Bihar & Orissa Public Demands Recovery Act (For short, "the Act") does not meet with the statutory requirements having not been signed by the Certificate Officer rather it is issued under the signature of the

Patna High Court CWJC No.11886 of 2015 dt.07-08-2015 Requisitioning Officer which renders the same invalid.

4. Learned counsel for the respondents, on the other hand, submits that despite valid service of notice issued under Section 7 of the Act, the petitioner did not raise any objection before the Certificate Officer in that regard and also did not prefer any petition under Section 9 of the Act denying his liability.

5. This court finds considerable force in the submissions of learned counsel for the petitioner. The notice issued under Section 7 of the Act does not appear to have met with statutory requirements having not been issued under the signature of the Certificate Officer and it is, accordingly, held to be invalid and is quashed as such. The matter is remitted to the Certificate Officer, Aurangabad for issuance of a fresh notice under Section 7 of the Act and proceed in the matter in accordance with law.

6. The writ petition stands allowed pro tanto. (Vikash Jain, J) Md. Ibrarul/- U