OM PRAKASH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been preferred with the prayer to issue a direction in the nature of writ of certiorari for quashing the certificate proceeding started against the petitioner under the provisions of the Bihar Public Demand Recovery Act, 1914 (hereinafter referred to as the 1914 Act), which has since been registered as certificate Case No. 52/89-90 in the Court of respondent No. 2, for realization of the dues by respondent No. 3 (Industrial Area Development Authority, Patna).

(2.) The petitioner is running a small scale industry for manufacture of guns at Munger. The different gun manufacturers at Munger were scattered at different places and were in private accommodation at Munger. For reasons of safety and security, the State Govt. decided to create a special place for the gun manufacturers and accordingly specific space was allotted in the industrial area at Munger. The petitioner along with others were applicants for allotment of space with a shade. The petitioner was granted one such shade. After the applications were pro-cessed and decided, the State Government in the Industries Department had issued its letter to the Accountant General, Bihar, Patna, about the policy in this behalf. It inter alia, indicated the rent payable by every occupant, and the rent was provisionally fixed. Pursuant to the same, the Collector of Munger had issued his letter No. 7796, Dt. 13-12-77 (Annexure A), to all those gun manufacturers who had been allotted space in the industrial area, and the rate was payable with effect from 1-1-1978, the date of allotment of the space. The petitioner along with other gun manufacturer occupied the respective spaces allotted to him in 1979, but have not paid the rents so far. Hence the certificate proceeding.

(3.) While assailing the validity of the impugned proceedings, learned counsel for the petitioner has submitted that the dues sought to be realized are not public demand and is not covered by anyone of the items mentioned in Schedule I of the Act. Learned counsel appearing for respondent No. 3 has invited my attention to the provisions of Section 11 of the Bihar Industrial Area Development Authority Act, 1974 (hereinafter referred to as the 1974 Act), which is set out hereinbelow for the facility of quick reference:-It is thus manifest that the dues in question is in the nature of rent payable by the petitioner to respondent No. 3 for use of land, building or other property, which is clearly covered by provisions of Section 11 of the 1974 Act. I have, therefore, no hesitation in rejecting the petitioner's contention, and accordingly hold that the dues in question is a public demand within the meaning of the 1974 Act.