IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1787 of 2011
MD. JASEEM S/O MD. YUNUS, R/O VILLAGE-MUSTAFAPUR,
P.S.-BIBHUTIPUR, DISTRICT-SAMASTIPUR.
...........Petitioner
Versus
1. THE STATE OF BIHAR.
2. THE MANAGER, STATE BANK OF INDIA, (A.D.V.)
DALSINGSARAI, DISTRICT-SAMASTIPUR.
3. THE CERTIFICATE OFFICER, SAMASTIPUR.
..........Respondents
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02 28.02.2011 Heard learned counsel for the petitioner and learned counsel
for State Bank of India.
2. This writ petition has been filed by the petitioner
challenging order dated 20.07.2007 passed by the Certificate Officer,
Samastipur in Certificate Case No. 10 of 2007 directing attachment of
property of the petitioner on account of non-deposit of the amount of the
Bank under the provisions of Section 7 of the Bihar and Orissa Public
Demand Recovery Act. Learned counsel for the petitioner submits that
the said order is an ex-parte order and was passed behind the back of
petitioner and he had no knowledge of the said order earlier and hence
as soon as he learnt about the same as well as about the action going to
be taken against the petitioner.
3. Considering the said aspect of the matter, this writ
petition is disposed of with a liberty to the petitioner to file an appeal as
per the provisions of Section 60 of the Public Demand Recovery Act,
1914, raising all the points which he has taken before this Court. If such
an appeal is filed by the petitioner within three weeks from today
alongwith a copy of this order as well as an interlocutory application for
condoning the delay the appellate authority shall consider the said
2
matter in accordance with law and decide it expeditiously preferably
within a period of three months thereafter. The petitioner will also be at
liberty to file an interlocutory application for any interim relief which
the said appellate authority shall also consider in accordance with law.
(S. N. Hussain, J.)
Safik