PATNA, India, Aug. 7 -- Patna High Court issued the following judgment on July 16:
1. The petitioner has filed the instant application for the following reliefs:
"i) For quashing the entire proceeding of Certificate Case no. 17 of 2015-16, pending in the court of Certificate Officer, Hajipur at Vaishali whereby Certificate proceeding has been initiated against the petitioner for recovery of Rs. 25,51,177.19/-.
ii) For quashing the notice U/S 7 of Bihar & Orissa Act no.4, 1914 dated 15.04.2015 issued under signature of Certificate Officer, Vaishali whereby a demand of Rs. 25,51,177.19/- has of been raised against the petitioner.
iii) For quashing the order dated 18.08.2015, passed in Certificate Case no. 17 of 2015-16, by the Certificate Officer, Vaishali at Hajipur, whereby bailable warrant has been issued against the petitioner for alleged recovery of Rs. 25,51,177.19/.
iv) For quashing the order dated 12.12.2016, passed in Certificate Case no. 17 of 2015-16, by the Certificate Officer, Vaishali at Hajipur, whereby the objection filed by the petitioner under section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter refer as 'Act' only) has been rejected without assigning any reason though the petitioner has raised several objections including maintainability of the certificate case as well as demand.
v) For issuance of any other writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."
2. At the very outset, Learned Senior counsel for the petitioner contended that since this matter is squarely covered under the order passed by a Division Bench of this Court in the case of The Certificate Officer of Siwan Central Co- operative Bank -Vs. The State of Bihar & Ors. reported in (2006) 2 PLJR 176, this writ petition may also be disposed of on the same terms and conditions.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTM2MDkjMjAxNyMxI04=-Q3LQRCciCGE=
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