Disposed

Rana Panging v. the State of Assam and 2 Ors.

Gauhati HC4 Feb 2019WP(C)/697/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted liberty to the petitioner to file a petition denying liability under Section 9 of the Bengal Public Demand Recovery Act, 1913, to be heard by the certificate officer under Section 10, dismissing coercive action.

What did the court decide?

Liberty to file a petition under Section 9 of the Bengal Public Demand Recovery Act, 1913 within 30 days; no coercive action till Section 10 decision.

Rana Panging Vs the State of Assam and 2 Ors. — Banking and Recovery | Gauhati HC (2019)

¶1

Page No.# 1/2

¶2

GAHC010001042019

¶3

THE GAUHATI HIGH COURT

¶4

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : WP(C) 697/2019

¶6

1:RANA PANGING

¶7

S/O- LATE MONI PANGING, R/O- SIKARI GAON, P.O- JENGRAIMUKH, P.SJENGRAIMUKH, DIST- MAJULI, ASSAM

¶8

VERSUS

¶9

1:THE STATE OF ASSAM AND 2 ORS

¶10

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, REVENUE DEPTT, DISPUR, GUWAHATI- 06

¶11

2:THE DEPUTY COMMISSIONER MAJULI ASSAM

¶12

3:THE CERTIFICATE OFFICER GARMUR MAJUL

¶13

Advocate for the Petitioner : MR. P J SAIKIA

¶14

Advocate for the Respondent : GA, ASSAM

¶15

BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

¶16

ORDER

¶17

Date : 04-02-2019

¶18

Heard Mr. R. Chouhan, learned counsel for the petitioners and Mr. R. Dhar, learned Govt. Advocate, Assam.

¶19

Page No.# 2/2

¶20

By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of notice dated 20.11.2018 issued by the Certificate Officer, Garmur, Majuli.

¶21

It appears that a bakijai proceeding has been registered against the petitioner being the certificate debtor. In this connection, Certificate Officer, Garmur, Majuli had issued the impugned certificate dated 20.11.2018 to the petitioner under Section 7 of the Bengal Public Demand Recovery Act, 1913 stating that an amount of Rs.88,879.00 is due by the petitioner.

¶22

Under Section 9 of the Bengal Public Demand Recovery Act, 1913 (Recovery Act), the certificate debtor may within 30 days from the service of notice under Section 7 present to the certificate officer a petition denying his liable in the whole or in part. If such a petition is filed within 30 days from the date of service of the notice under Section 7, the certificate officer is required to hear the petition under Section 10 of the Recovery Act. In the hearing the certificate officer may take evidence if considered necessary and determine whether the certificate debtor is liable in the whole or any part of the amount for which the certificate was signed and may set aside or modify the certificate accordingly.

¶23

As a matter of fact, in the impugned notice petitioner was informed that if he denies his liability he could file a petition denying liability either in whole or in part.

¶24

Considering the above, liberty is granted to the petitioner to file a petition under Section 9 of the Recovery Act and if such a petition is filed within a period of 30 days from today the same may be heard and decided by the certificate officer under Section 10 of the Recovery Act within a period of 30 days from the date of filing of the petition under Section 9. Till the decision is taken under Section 10 of the Recovery Act, no coercive action shall be taken against the petitioner. However if the petitioner fails to file the petition denying liability under Section 9 as above, the benefit of this order would not be available to the petitioner beyond the period of 30 days from today.

¶25

This disposes of the writ petition.

¶26

JUDGE

¶27

Comparing Assistant

Rana Panging v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Rana Panging v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanmilit Suraksha Mancha and Anr. Vs the State of Assam and 4 Ors.

Shiblal Kuhar Vs the State of Assam and 10 Ors.

Dakhin Ganesh Nagar Yubak Sangha and Anr. Vs the State of Assam and 7 Ors.

Bimalendu Laskar Vs Niramalendu Laskar and 4 Ors.

Borjhar Tourist Cab Association and Anr. Vs the Airports Authority of India and 4 Ors.

M/S. Tata Motors Ltd. Vs the State of Assam and 5 Ors.