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2014 DIGILAW 803 (PAT)

Roshan Rice Mill v. State of Bihar

2014-07-22

MIHIR KUMAR JHA

body2014
Mihir Kumar Jha, J. – Heard learned counsel for the parties. 2. Having regard to the admitted position that the petitioner is facing a certificate proceeding and that he had agreed for such certificate proceeding by way of inter-party agreement dated 16.01.2013, Clause 15 whereof reads as follows: – 15. "The second party agrees that in case, any amount found recoverable on account of default, loss, damage, on the part of the second party, the said recoverable amount with interest will be recovered as Land Revenue under Bihar & Orissa Public Demands Recovery Act, 1914, by instituting Certificate case before the concerned District Certificate Officer. this writ application, questioning the certificate proceeding, must be held to be ill-advised and not maintainable. Thus, the following relief made in this writ application : – "1. (i) For a direction that the certificate proceeding instituted at the instance of the District Manager, Bihar State Food & Civil Supplies Corporation Limited (hereinafter referred to as the 'SFC') West Champaran, Bettiah bearing Certificate Case No. 13/2013-14 is not maintainable at this stage, in view of the dispute pending between the petitioner. (ii) For a declaration that the certificate proceeding cannot be initiated to recover un-adjudicated demand and therefore, the certificate instituted by the respondent is unjust and improper. (iii) For a direction to the respondent authorities not to take any coercive step against the petitioner in Certificate Case No. 13/2013-14; and for any other relief or reliefs to which the petitioner is found entitled." cannot be given to the petitioner because it has statutory alternative remedy in terms of Sections 9, 60 and 62 of the Bihar & Orissa Public Demands Recovery Act by way of disposal of his objection, appeal and revision. Such statutory alternative remedies have been held to be efficacious for a person facing certificate proceeding in the judgment of the Division Bench of this Court in the case of Sawar Mal Choudhary vs. State Bank of India & Ors. reported in 1986 PLJR 660 . 3. That being so, this writ application is accordingly disposed of with a liberty to the petitioner to approach the Certificate Officer by way of filing of its objection under Section 9 of the Act and if it does so, the Certificate Officer will consider its objection and decide the same strictly in accordance with law. 3. That being so, this writ application is accordingly disposed of with a liberty to the petitioner to approach the Certificate Officer by way of filing of its objection under Section 9 of the Act and if it does so, the Certificate Officer will consider its objection and decide the same strictly in accordance with law. If the petitioner is aggrieved by the order of Certificate Officer it will have to avail the remedy of appeal under Section 60 of the Act as also further revision against the same under Section 62 of the Act.