Single judge disposed of this writ application allowing the petitioner to file a representation before the Additional Collector for reconsideration of the certificate amount and fresh orders within four weeks.
Liberty to file representation within four weeks for reconsideration and fresh orders.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14681 of 2012
====================================================== Md. Mobarak Hussain Ansari, S/o Late Ainul Hussain Ansari, Resident of village Vikrampur Pandey, P.S. Samastipur (Muffasil), District Samastipur .... .... Petitioner Versus 1. The State Of Bihar, through the Principal Secretary, Department of Mines, Govt. of Bihar, Patna. 2. The Commissioner, Darbhanga. 3. The District Magistrate, Samastipur. 4. The Deputy Development Commissioner, Samastipur. 5. The Additional Collector-cum-Certificate Officer, Samastipur. 6. The Sub-Divisional Magistrate, Samastipur. 7. The Circle Officer, Samastipur. 8. The Chairman, Dhulack Par, Dhura. 9. The Manager, Dhurlack Pare, Samastipur. 10.Vijay Kumar Roy, S/o Sri Sachidanand Roy, Resident of village Malikaur, P.S. Pusa, District Samastipur .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Dilip Kumar Roy, Advocate For the Respondents : Mr. D. Chowdhary, AC to AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 13-08-2012 By order dated 17.01.2012, as contained in Annexure-2, the Additional Collector, while acting as a Certificate Officer, has passed orders directing both the partners of the firm, namely, India Bricks to deposit the certificate amount half and half within 15 days failing which action was to be taken against them. Learned counsel for the petitioner submits that though sufficient amount is in the account of the firm to liquidate the dues, petitioner does not deny the liability, being a partner of the firm on record, although he dissociated from it long back. However, he submits that from time to time some amount has
Patna High Court CWJC No.14681 of 2012 (2) dt.13-08-2012
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been deposited in the account which has not been taken into account while issuing certificate for its realization. He submits that rest of the amount can very easily be realized from the account of partnership firm as there is sufficient amount in the account.
It appears that petitioner has not raised all these issues before the Additional Collector-cum-Certificate Officer.
In the circumstances, this writ application is disposed of with liberty to the petitioner to file a representation before the Additional Collector-cum-Certificate Officer, Samastipur for reconsideration of the matter and for passing fresh orders in accordance with law. If he files such a representation within four weeks from today, the Certificate Officer shall consider the same and pass appropriate orders in accordance with law as early as possible.
B.T/-
(Jayanandan Singh, J)
Md. Mobarak Hussain Ansari
The State Of Bihar
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
