PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 3:
1. The writ petition is filed for quashing the order dated 03.07.2017 passed by the District Certificate Officer, Sitamarhi in certificate Case no. 8/15-16 whereby and whereunder the Authority has held the petitioner liable for half amount i.e. Rs. 28,51,473.62 and directed the petitioner to deposit the said amount within one week. Further, for direction for the calculation of interest on the said amount and deposit of the same as well as for quashing of the warrant of execution dated 11.7.17, issued by the District Certificate Officer, Sitamarhi against the petitioner in connection with the Certificate Case No. 8/15-16 as the entire proceeding against the petitioner is illegal, perverse and without jurisdiction.
2. On 16.10.2017, this Court has passed a detailed oral order which reads as follows:-
"Heard learned counsel for the petitioner and learned counsel for the BSFC.
The petitioner is a contractual employee engaged for the procurement of the paddy. As per learned counsel for the petitioner demand was made under PDS Act cannot be said to be public demand whereas learned counsel for the BSFC submits that there is an agreement between the petitioner and BSFC that any loss or damage will be recoverable as public demand.
Learned counsel for the BSFC is directed to produce the agreement. Let this case be listed two weeks after Diwali Holidays under the same heading. In the meantime, no coercive action will be taken against the petitioner."
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTIzNzMjMjAxNyMxI04=-cRX80VVAmmk=
Disclaimer: Curated by HT Syndication.
