PATNA, India, June 18 -- Patna High Court issued the following judgment on June 17:

1. The petitioner has filed the Writ petition 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-19 of 2015-2016 which has been initiated against the petitioner on the basis certificate Annexure-15/A, 15/B) 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 blank, incorrect blank at many places which is evident from the Annexure-15/A, 15/B 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-19 of 2015-2016 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, Gaya (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;

III. For issuance of an appropriate writ order/ direction(s)in the nature of Certiorari for setting aside the entire order sheet in the certificate case bearing certificate case no-19 of 2015- 2016 (Annexure-16) issued by the respondent no-5 under the Public demand recovery act as the process cannot be issued when the whole action is without jurisdiction;

IV. For issuance of an appropriate writ order/ direction(s)in the nature of Mandamus for a direction to stay the certificate case no-19 of 2015- 2016 pending in the Court of District Certificate Officer, Gaya;

V. And for issuance of any other relief or relief(s) for which the petitioner is entitled for."

2. At the very outset, Learned counsel for the parties contended that since this matter is squarely covered under the judgment passed by the Hon'ble Supreme Court of India in the case of Pawapuri Rice Mills Versus Bihar State Food and Civil Supplies Corporation Ltd. & Ors. and other analogous cases reported in 2024 SCC OnLine SC 3777, 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/MTUjMTYwNjgjMjAxNyMxI04=-G3hVlIJU7SQ=

Disclaimer: Curated by HT Syndication.