PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.)

(2.) HEARD Mr. Suresh Gandhi, learned Counsel for the petitioner. Mr. V.N. Sinha, learned G.P. 9 for respondent Nos. 1, 2 and 4, and Mr. S.K. Sinha, Senior Advocate, for respondent No. 3 (State Bank of India). This writ petition is directed against the order dated 5.12.2001 (Annexure -3), passed by the learned Collector of Khagaria in Branch Manager, Suite Bank of India, Maheshkhut V/s. Vijay Keshri, Misc. Case No. 46/95 -96, as well as Branch Manager, State Bank of India, Maheshkhut V/s. Shri Prakash Singh, Misc. Case No. 47/95 -96, whereby he has allowed the review application of respondent No. 3 u/s. 63 of the Public Demands Recovery Act (hereinafter referred to as 'the Act '). The learned Collector has by the impugned order recalled his earlier order dated 23.5.1995 (Annexure -2), passed in State Bank of India V/s. Vijay Keshri, Misc. Case No. 7/95 -96, and the order dated 23.5.1995, in S.B.I. V/s. Shri Prakash Singh, Misc. Case No. 8/95 - 96, passed under sec. 60 of the Act, and set aside the order, dated 28.11.1991 (Annexure), in S.B. I. V/s. Vijay Keshri, Certificate Case No. 17/85 -86, and the order dated 30.10.1999, Annexure 1/a, passed in State Bank of India, Maheshkhut v. Prakash Singh, Certificate Case No. 12/88 -89, by the learned Certificate Officer, Khagaria. The learned Certificate Officer by his two orders had dropped the certificate proceedings and was upheld by the Appellate Authority.

(3.) I regret that the two petitioners have joined together with regard to two different cause of action arising out of different cause of action arising out of different certificate proceedings creating confusion in disposal of this writ petition. However, this defect could be detected at a belated stage and I have, therefore, decided to dispose of this matter. The facts are similar and raise common questions of law and facts and are, therefore, being disposed of by the common judgment. However, representative facts would be drawn from State Bank of India, Maheshkhut V/s. Vijay Keshri, Certificate Case No. 17/85 -86 unless specifically indicated.