Petitioner challenged Certificate Case proceedings under Public Demand Recovery Act, citing procedural defects, lack of jurisdiction, and violation of natural justice. Court allowed writ petition and quashed the case.
Writ petition allowed; Certificate Case No. 667 of 2014-15 quashed; Interlocutory applications disposed of.
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.8714 of 2016
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Krishana Prasad son of Late Ram Chandra Sah resident of Chandan Nagar, P.O. - Gulab bag, P.S. - Sadar, District - Purnea.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar For the State : Mr. Uday Shankar Sharan Singh, GP 1 Mr. Swapnil Kumar Singh, AC to GP 19 For the BSFC : M/s Shailendra Kumar Singh, Utkarsha Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT
Date : 22-11-2024
application for the following reliefs:
(i)“For issuance of an appropriate writ order/ direction in the nature of certiorari for quashing the Certificate Case no. 667 of 2014-15 which has been initiated against the petitioner on the basis certificate which forms part of section 7 notice in contrary to the statutory rules of Public Demand Recovery Act, 1914 (herein
Patna High Court CWJC No.8714 of 2016 dt.22-11-2024 2/7
after referred as PDR Act) as it is blank at many column, not properly made signed by the District Manager as well as which is evident from the notice attached in Annexure-10 to this writ application thus amount to defective initiation of the certificate case.
(ii) For issuance of an appropriate writ order/ direction in the nature of certiorari for quashing the Certificate case no. 667 of 2014-15 which has been initiated against the petitioner under Section -7 of the Public Demand Recovery Act by which it is asked to pay amount of Rs. 29,74,453.41 on the ground that the process is not followed properly by the Bihar State Food and Civil Supplies Corporation (herein after referred as BSFC for the sake of brevity) in serving the notice , without following the mandatory process as the Form no. 1 has not been properly made, signed by the District Magistrate as well which prove that no independent application mind in there not numbered, not verified which is in violation of the fundamental right of the petitioner.
Patna High Court CWJC No.8714 of 2016 dt.22-11-2024
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(iii) For issuance of an appropriate wit order/ direction in the nature of certiorari for quashing the entire order sheet and the final order dated 8.3.2016 passed in certificate case no. 667 of 2014-15 on the ground that the same in back dated, not made under the capacity of certificate Officer rather the same is under capacity of A.D.M. Purnea, without the proper certificate or requisition under the Public Demand Recovery Act, 1914 and thus the whole process is without jurisdiction.
(iv) For issuance of an appropriate wit order/ direction in the nature of certiorari for quashing the final order dated 8.3.2016 passed in certificate case no. 667 of 201415 on the ground that the same is passed without following the principles of natural justice on a back, under the capacity of A.D.M., Purnea and not on the capacity of Certificate Officer.
(v)For issuance of an appropriate wit order/direction in the nature of certiorari for quashing the final order dated 8.3.2016 passed in certificate case no. 667 of 201415 on the ground that non-maintainability
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of the objection filed by the petitioner cannot be ground for passing the order under section 10 of the PDR Act as it is a statuary right given under the Act.
(vi) For issuance of an appropriate writ order/direction in the nature of certiorari for quashing the warrant of arrest dated 29.03.2016 passed in certificate case no. 667 of 2014-15 on the ground that the same is without giving mandatory requirement of 30 days, blank at places violating the fundamental rights of the petitioner.
(vii) For the other reliefs which may be granted to the petitioner in the facts and circumstances of this case.”
petitioner contended that since this matter is squarely covered under the under the judgment passed by this Court in CWJC No. 11206 of 2016 (Badri Prasad Gupta Versus The State of Bihar & Ors.) reported in 2018(3) PLJR 218 , this writ petition may also be disposed of on the same term and conditions.
Patna High Court CWJC No.8714 of 2016 dt.22-11-2024 5/7
submits that this Court has disposed of similar matters which are squarely covered under the order dated 11.07.2024 passed in CWJC No. 9221 of 2016 (Raju Gupta Versus The State of Bihar & Ors.) , and some judgments passed by Division Bench of this Court as well as by Hon’ble Supreme Court i.e. judgment dated 18.10.2023 passed in L.P.A. No. 1643 of 2019 (Pintu Biswas Versus the State of Bihar & Ors) , Judgment dated 10.10.2017 passed in LPA NO. 1373 of 2017 (Ram Niwas Sharma Vs. The Food and Consumer Protection Department & Ors.), and a judgment passed by Hon’ble Supreme Court of India in Civil Appeals Nos. 471 of 1975 (State of Karnataka Vs. Shree Rameshwara Rice Mills, Thirthahalli). Learned counsel for the respondents further draws attention of this Court on a judgment passed by a Division Bench of this Court in Nageshwar Prasad Singh Vs. Rai Bahadur Kashinath Singh (1958 BLJR 820). As regards the effect of a defective Certificate on the validity of the Certificate proceeding, the Division
Patna High Court CWJC No.8714 of 2016 dt.22-11-2024 6/7
Bench of this Court in Nageshwar Prasad Singh (supra) has observed as follows:
“The Certificate-Officer must meticulously apply his mind to filing the Certificate and filling in the columns and blanks correctly and in appending his Certificate in the form prescribed, and that the filling in of the forms is a matter of substance and is imperative, to give the Certificate the force of a decree of court of law, and if it is found that the Certificate-Officer had not applied his mind at all and that some of the blank spaces were not filled up, or were incorrectly filled up, the document so prepared and filed is not a Certificate under the Public Demands Recovery Act. The Certificate proceedings are wholly invalid and the officer concerned acts without jurisdiction”
petitioner as well as the respondents.
Patna High Court CWJC No.8714 of 2016 dt.22-11-2024 7/7
application is allowed in light of the judgment passed in Badri Prasad Gupta (supra) and the Certificate Case No. 667 of 2014-15 is quashed. It will be open to the respondents to proceed afresh in the certificate proceedings, if permissible under the law.
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 22.11.2024 |
| Transmission Date |
2 issues framed by the court
Whether the Certificate Case No. 667 of 2014-15 initiated against the petitioner is valid and maintainable given defects in form completion and jurisdiction?
Whether the final order dated 8.3.2016 was passed without following principles of natural justice and under the wrong capacity?
Colour shows how this judgement treated each authority
Badri Prasad Gupta Versus The State of Bihar & Ors.Relied on¶35
CWJC No. 11206 of 2016 (Badri Prasad Gupta Versus The State of Bihar & Ors.) reported in 2018(3) PLJR 218
Raju Gupta Versus The State of Bihar & Ors.Referred¶37
CWJC No. 9221 of 2016 (Raju Gupta Versus The State of Bihar & Ors.)
Pintu Biswas Versus the State of Bihar & Ors.Referred¶37
L.P.A. No. 1643 of 2019 (Pintu Biswas Versus the State of Bihar & Ors)
Ram Niwas Sharma Vs. The Food and Consumer Protection Department & Ors.Referred¶37
LPA NO. 1373 of 2017 (Ram Niwas Sharma Vs. The Food and Consumer Protection Department & Ors.)
State of Karnataka Vs. Shree Rameshwara Rice Mills, ThirthahalliReferred¶37
Civil Appeals Nos. 471 of 1975 (State of Karnataka Vs. Shree Rameshwara Rice Mills, Thirthahalli)
Nageshwar Prasad Singh Vs. Rai Bahadur Kashinath SinghReferred¶38
Nageshwar Prasad Singh Vs. Rai Bahadur Kashinath Singh (1958 BLJR 820)
1 provisions across 1 enactments
Krishana Prasad
The State Of Bihar
The District Magistrate, Purnea
The Additional District Magistrate, Purnea
The Certificate Officer, Purnea
The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Patna
G. Anupama Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
