IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2793 of 2006
The Bihar Awami Co-Operative Bank Ltd. Waqf Market Muradpur,
P.S. Pirbahore, Patna through its General Manager
... Petitioner
Versus
1. The State Of Bihar
2. The Collector, Patna
3. The District Co-operative Officer, Patna-cum-Certificate Officer
..Respondents 1st Set
4. M/s N.S. Consultancy, Shah Arzan Colony, Sultanganj P.S.
Sultanganj, Patna-6
5. Md. Nazish Shamim, son of Md. Yasain Ansari, Director, M/s
Noble Security Pvt. Ltd. Shah Arzan Colony, Sultanganj, P.S.
Sultanganj, Patna-6.
6. Md.. Qaiser Nehal, son of Md. Yasain Ansari, Director, M/s
Noble Security Pvt. Ltd. Shah Arzan Colony, Sultanganj, P.S.
Sultanganj, Patna-6.
7. Mrs. Hazra Khatoon, wife of Md. Yasain Ansari, M/s Noble
Security Pvt. Ltd. Shah Arzan Colony, Sultanganj, P.S.
Sultanganj, Patna-6.
... Respondents
----------------------------------
For the Petitioner : Mr. Nitiranjan Jha, Advocate
For the State : Asstt. Counsel to A.A.G. I
———————————,
02/ 17.11.2011 Heard learned counsel for the petitioner and learned counsel
for the respondents.
2. This writ petition has been filed by the petitioner
challenging order dated 04.08.2005, by which the District Certificate
Officer, Patna (respondent no.3) under the provisions of section
53(3)(iii) of the Bihar & Orissa Public Demand Recovery Act, 1914
(hereinafter referred to as `the Act’ for the sake of brevity) cancelled
the certificate issued against the private respondents and also for
commanding the Certificate Officer to put the mortgaged properties to
sale in accordance with law or alternatively, take other steps for
service of notice under section 7 of the Act.
3. From the provisions of law, it is apparent that against
2
such an order an appeal is provided under section 60 of the Act and the
matter, which involves question of facts, also can be well decided
before the appellate forum and this Court does not find any occasion to
interfere in the appellate jurisdiction of the authority concerned.
4. Accordingly, this writ petition is disposed of with a
liberty to the petitioner to file an appeal before the Appellate Tribunal.
If such an appeal is filed by the petitioner within fifteen days from
today along with a copy of this order as well as an interlocutory
application for condoning the delay, the appellate authority shall
consider the delay caused due to the pendency of the writ petition and
shall decide the appeal on merit in accordance with law expeditiously
preferably within a period of four months from the date of
receipt/production of a copy of this order.
MPS/ ( S. N. Hussain, J.)