PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:
1. The petitioner has filed the instant application for the following reliefs:
"I. That the present writ application is being filed for issuance of an appropriate writ order/ direction(s)in the nature of Certiorari for quashing the certificate case no-11 of 2014-2015 which has been initiated against the petitioner on the basis certificate which forms part of section -7 notice is contrary to the statuary rules of Public Demand Recovery Act, 1914(herein after referred as "P.D.R.Act, 1914" for the sake of brevity) as it is signed by the District Manager, Nawada as well, blank at many places which is evident from the Annexure- 6 to this writ application thus amount to defective notice and defective initiation of the certificate case;
II. For issuance of an appropriate writ order/ direction(s)in the nature of Certiorari for setting aside the certificate case bearing certificate case no-11 of 2014-2015 as the same is issued by the respondent no-5 under the Public demand recovery act by which it is asked to pay amount on the ground that the process is not followed properly by the Bihar State Food and Civil Supplies Corporation, Nawada (herein after referred as "B.S.F.C" for the sake of brevity) as no proper notice under section-7 served to the petitioner and also the process pursuant to the notice has been issued without following the due process of law and without following the mandatory provisions of law which is in violation of the fundamental rights of the petitioner as evident from the Annexure-7 to the writ application;
III. For issuance of an appropriate writ order/ direction(s) in the nature of Mandamus for staying the certificate case bearing certificate case no. 11 of 2014-15 issued by the respondent no. 5 under the Public Demand Recovery Act as the process/warrant cannot be issued when the whole action is without jurisdiction; IV. And for issuance of any other relief or relief(s) for which the petitioner is entitled for."
2. At the outset, Learned counsel for petitioner contended that since this matter is squarely covered under the order dated 11.07.2024 passed in CWJC No. 9221 of 2016 (Raju Gupta Versus The State of Bihar & Ors.), this writ petition may also be disposed of on the same term and conditions. Learned counsel for the petitioner further draws attention of this Court on a judgment passed by a Division Bench of this Court in Nageshwar Prasad Singh Vs. Rai Bahadur Kashinath Singh (1958 BLJR 820). As regards the effect of a defective Certificate on the validity of the Certificate proceeding, the Division Bench of this Court in Nageshwar Prasad Singh (supra) has observed as follows:
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTA1MzYjMjAxNyMxI04=-4Jd--ak1----am1--XTT21s=
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