Disposed

Mithilesh Kumar Giri v. The State Of Bihar and Ors.

Patna HC15 Jul 2014CWJC/11725/2014

Case brief

AI extract

What is this about?

The court observed the writ application was misconceived as the petitioner had an opportunity to object under Section 9 of the Bihar Public Demand Recovery Act, 1914. It granted fifteen days to file an objection before the Certificate Officer and restrained coercive action pending disposal.

What did the court decide?

Petitioner granted fifteen days to file objection under Section 9; coercive action restrained pending disposal of such objection.

Mithilesh Kumar Giri Vs The State Of Bihar and Ors. — Banking and Recovery | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11725 of 2014

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====================================================== Mithilesh Kumar Giri, s/o Sri Shiv Kumar Giri, r/o Mohalla: Bakipur Gorkh, Police Station: Fatuha, District: Patna. At present “Baba Mistan Bhandar”, Station Road, Fatuha, P.S.: Fatuha, District Patna. .... .... Petitioner/s Versus 1.The State of Bihar through District Magistrate-cum-Collector, Patna. 2.The Sub Divisional Officer-cum-Certificate Officer, Patna City, Patna. 3.The Chief Manager, Bank of India, Kankarbagh, Patna. 4.Branch Manager, Bank of India, Fatuha, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Kant Kumar, Adv For the State : Mr. SC1-Madhukar Krishna Sinha & Mr. A.N. Pandey AC to SC-1. For the Bank of India : Mr. Braj Nandan Kr Tiwary, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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3 15-07-2014 Heard learned counsel for the parties.

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Strictly speaking an incomprehensible prayer has

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been made by the petitioner in paragraph no. 1 of the

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writ application which reads as follows:-

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“That this is an application for issuance of an appropriate writ, order or direction, directing to the respondent to commanding the procedure of law & provision and further be set aside the entire proceeding taken against the petitioner by respondent with malafide, arbitrary, illegal in connection with Certificate Case No. 62/2010-11.”

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However, after hearing learned counsel for the petitioner, it appears that the grievance of the petitioner

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is with regard to the quantum of the certificate dues for

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Patna High Court CWJC No.11725 of 2014 (3) dt.15-07-2014

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which he has been issued a notice under Section-7 of the Bihar Public Demand Recovery Act, 1914 (hereinafter referred to as the Act) vide Annexure-5 to the writ application. According to the learned counsel for the petitioner the same is without any basis and in fact the Bank even now is duty bound to give the correct amount of dues payable by the petitioner.

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In the considered opinion of this Court, this writ application itself is wholly misconceived. Admittedly, petitioner had been given notice under Section-7 of the Act and therefore, he had adequate opportunity under Section-9 of the Act where he could have filed his objection both as with regard to quantum and/or bank’s calculation of dues. The petitioner however has not filed his objection as yet before the Certificate Officer, which has resulted into issuance of some coercive order for his arrest.

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This Court however to meet the ends of justice would give an additional opportunity to the petitioner

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Patna High Court CWJC No.11725 of 2014 (3) dt.15-07-2014

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and therefore if the petitioner would file an objection within a period of fifteen days from today, before the Certificate Officer, his such objection shall be disposed of by a reasoned order and till disposal of such objection by the Certificate Officer, no coercive action shall be taken against the petitioner.

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It is, however, also made clear that if the petitioner does not file his objection under Section-9 of the Act within a period of 15 days from today it would be again open for the Certificate Officer to take coercive steps against the petitioner for realization of the certificate dues strictly in accordance with law.

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With the aforementioned observations and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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Ranjan/U

Mithilesh Kumar Giri v. The State Of Bihar and Ors.

Case brief

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Mithilesh Kumar Giri v. The State Of Bihar and Ors.

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