High Court Patna High Court - Orders

Sanjiv Kumar Singh vs The State Of Bihar & Ors on 3 November, 2011

Patna High Court – Orders
Sanjiv Kumar Singh vs The State Of Bihar & Ors on 3 November, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Civil Writ Jurisdiction Case No.14842 of 2005
                    Sanjiv Kumar Singh, son of late Ramasha Singh, resident of village Rajaura
                    Akhtiyarpur, P.S. Muffasil, District Begusarai.
                                                                                 .... Petitioner
                                             Versus
                    1. The State Of Bihar
                    2. The Agriculture Development Branch, S.B.I. through Branch Officer,
                       Manjhaul, Begusarai
                    3. The District Certificate Officer, Begusarai
                                                                               ...Respondents
                                                    ------

For the Petitioner : Mr. Sabal Kumar Jha, Advocate
For the Bank : Mrs. Namrata Mishra, Advocate
For the State : Mr. Grijesh Kumar, A.C. to A.A.G. 1

—–

05/ 03.11.2011 Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. This writ petition has been filed by the petitioner for

the following reliefs :-

(i) A certiorari setting aside the order dated 18.11.2003
passed by the respondent-Certificate Officer, Begusarai
in Certificate Case No. 21/97-98 as contained in
Annexure 2 by which the petitioner’s name was
substituted on behalf of the certificate debtor and
neither giving prior notice to him after a expiry of 31
months nor condonation of delay.

(ii) certiorari setting aside the order dated 5.6.2005 passed
by the Certificate Officer, Begusarai, whereby and
whereunder the warrant of arrest has been issued
against the petitioner.

(iii) For issuance of appropriate order/orders
direction/directions to the respondents concern to not
disturb the petitioner without any valid reasons.

(iv) For any other relief/reliefs for which this Court may
deem fit and proper in the facts and circumstances of
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the case as stated hereinbelow.

3, From the arguments raised by learned counsel for

the parties as well as from the materials on record, it is quite apparent

that Certificate Case No. 21 of 1997-98 was instituted against one

Ramasha Singh, father of the petitioner, who subsequently died and

his heirs, including the petitioner, were substituted in the certificate

case. Learned counsel for the petitioner submits that the said

substitution was made without any notice or information to the

petitioner.

4. However, it is an admitted fact that notice under

section 7 of the Bihar & Orissa Public Demand Recovery Act, 1914

(hereinafter referred to as `the Act’ for the sake of brevity) was issued

by the Certificate Officer in the aforesaid case to the petitioner, which

was served upon him as is apparent from order dated 15.06.2005

passed in the aforesaid certificate case. Thereafter, the petitioner filed

an objection under section 9 of the Act, which was rejected by the

Certificate Officer on 11.08.2005. Hence the said order having been

passed under section 10 of the Act, specific provision of appeal is

made under section 60 of the Act.

5. In the said circumstances, this writ petition is

disposed of with a liberty to the petitioner to file an appeal before the

appellate authority provided under the Act. If such an appeal is filed

by the petitioner before the said authority within fifteen days from

today along with all the requisites and a copy of this order as well as

an interlocutory application for condoning the delay, the said authority
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shall consider the delay caused due to the pendency of this writ

petition for a long period and shall decide the appeal on merit in

accordance with law expeditiously. However, if the petitioner wants

any interim relief, he will be at liberty to file an interlocutory

application for the same before the appellate authority, who shall

pass appropriate orders in accordance with law.

MPS/                             (S.N.Hussain, J.)