The Patna High Court dismissed an infructuous writ petition seeking quashing of an order under the Bihar Public Demand Recovery Act. Bail had already been granted by the High Court regarding the same matter, rendering the current application futile.
The writ application was dismissed on account of being infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16048 of 2006
====================================================== Basudeo Das, son of late Biranchi Das, resident of village Bishnupur Chaturbhuj, P.O. Begusarai, P.S. Mufassil (Begusarai), District Begusarai, Secretary of Bihar State Ex-Services League (A), Begusarai, (hereinafter called „the Society‟) .... .... Petitioner/s Versus 1. The State of Bihar 2. The District Magistrate, Begusarai 3. The Sub-divisional Officer, Begusarai
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Nand Bansh Nr.Singh For the Respondent/s : Mr. (Aag3) Mr. Jitendra Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
16 07-07-2014 Heard learned counsel for the parties.
The prayer of the petitioner in this writ application reads
as follows:
“That the petitioner is a citizen of India and by this petition prays before this Hon‟ble Court for the issuance of a writ of certiorari and to quash the order dated 2.5.2006 as contained in Annexure 6/1 passed under the order of the certificate Officer (respondent no.6 hereof) passed on 2.5.2006 in certificate Case No. 01/05-06, pending before the said certificate officer, in the facts and circumstances hereinafter stated.”
Patna High Court CWJC No.16048 of 2006 (16) dt.07-07-2014
2
By the aforesaid order dated 2.5.2006 the petitioner under the orders of the Certificate Officer, Begusarai upon arrest was produced and was sent to civil prison because he was not prepared to deposit the certificate amount.
This Court by an order dated 12.6.2006 has already granted bail to the petitioner.
In view of above, this writ application with the solitary prayer has become infructuous.
The pleas raised by the learned counsel for the petitioner that such amount was not payable by the petitioner or that the petitioner could not have been held to be the certificate debtor is virtually an argument questioning the merit of the certificate proceedings. For that the petitioner has a remedy under section 9 of the Bihar Public Demand Recovery Act.
Thus, this writ application on account of becoming infructuous is hereby dismissed.
(Mihir Kumar Jha, J)
surendra/-
U
1 issue framed by the court
Whether the writ application praying quashing of an order becoming infructuous due to prior bail grant should be dismissed.
1 provisions across 1 enactments
Basudeo Das
The State of Bihar
The District Magistrate, Begusarai
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
