The High Court disposed of the writ application challenging an earlier certificate proceeding, granting the petitioner liberty to proceed in the new Certificate Case No.126 of 2005-06 initiated by the respondents.
The writ application is disposed of with liberty to the petitioner to take steps in Certificate Case No.126 of 2005-06.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2863 of 2006
====================================================== Ram Kishun Singh, son of Late Ram Chalitra Singh, resident of MohallaPankha Toli, P.O. Ramana, District- Muzaffarpur.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. Ishwari Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
11 04-09-2012 From the counter affidavit filed in this case, it appears that a fresh certificate proceeding numbered as Certificate Case No.126 of 2005-06 has been initiated before the Certificate Officer in which notice under section 7 was issued and served on the petitioner and thereafter warrant of attachment has been issued.
Learned counsel for the petitioner submits that the petitioner has no knowledge of the certificate proceeding and no notice whatsoever was served upon him. Hence, at the time of filing of the writ application he was completely in dark. He submits that, hence this writ application has been filed in respect of earlier certificate proceeding initiated by the Branch Manager
Patna High Court CWJC No.2863 of 2006 (11) dt.04-09-2012
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of the Bank himself without any authority under the law.
Learned counsel for the respondents submits that the earlier proceeding does not survive and this new proceeding has been initiated against the petitioner afresh.
In the circumstances, this writ application is disposed of with liberty to the petitioner to take steps in Certificate Case No.126 of 2005-06 in accordance with law.
(Jayanandan Singh, J)
Pradeep/-
1 issue framed by the court
Whether the writ application challenging the initiation of an earlier certificate proceeding requires consideration when a fresh proceeding has been initiated against the petitioner.
Ram Kishun Singh
The Bihar State Co-Operative Land Development Bank Ltd.
The Managing Director, the Bihar State Co-Operative Land Development Bank Ltd.
The Branch Manager, The Bihar State Co-Operative Land Development Bank, Bhaganpur
The Certificate Officer-cum-District Manager, Bihar State Co-operative Land Development Bank Ltd.
Jayanandan Singh
As recorded by the court registry
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