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Mohammad Ejaz Alam vs State Of Bihar And Ors

Patna High Court · Decided on 5 March 2021 · Citation: (2021) 03 PAT CK 0057

HON’BLE JUDGES
Vikash Jain, J
ACTS & SECTIONS REFERRED
Bihar And Orissa Public Demands Recovery Act, 1914 — Section 7, 9, 10
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 7749 Of 2020
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Judgment

18 paragraphs · 364 words
1.

Heard learned counsel for the petitioner and learned counsel for the respondents. Learned counsel for the petitioner hereby undertakes to remove

all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be

removed within one month hereof.

2.

It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 01/2020-2021 against the petitioner in terms of Section

7 of the Bihar & Orissa Public Demands Recovery Act, 1914 (for short, “the Actâ€) for recovery of the dues amounting to Rs. 10,20,000/- are

wholly illegal and liable to be quashed.

3.

The immediate concern of the petitioner in this case is that an FIR in Madhepura P.S. Case No. 423 of 2020 has been instituted against him in

connection with recovery of the dues amounting to Rs. 10,20,000/- recoverable in terms of the notice dated 02.06.2020 issued by the District

Certificate Officer, Madhepura in Certificate Case No. 01/2020-2021.

4.

It is further submitted that an objection petition under Section 9 has already been filed which is pending before the Certificate Officer but without

disposing of the same, the FIR has been instituted.

5.

With the consent of parties, the present writ petition is disposed of with direction to the District Certificate Officer to consider and dispose of the

objection petition under Section 9 of the PDR Act said to have been filed by the petitioner, on its own merits in accordance with law and in terms of

Section 10 of the said Act within a period of four weeks from the date of receipt/production of a copy of this judgment.

6.

It is made clear that until disposal of such petition, if filed, the Certificate Officer, Madhepura shall refrain from resorting to any coercive action for

recovery of the dues against the petitioner in Certificate Case No. 01/2020-2021.

7.

Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the

stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.