LAKSHMI FERTILIZER AGENCY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Navniti Prasad Singh for the petitioner, learned GP IX for respondent nos. 1 to 4, and Ms. Nilu Agrawal for respondent no. 5 (Buxar Agriculture Produce Market Committee). This writ petition has been preferred with the prayer to set aside the order dt. 30.3.2001 (Annexure 8), passed by the learned appellate authority under the Bihar and Orissa Public Demands Recovery Act, and to quash certificate case No. 1 of 1992. -93, pending before the learned Certificate Officer, Buxar, started at the instance of respondent no. 5 (Buxar Agricultural Produce Market Committee, Buxar).

(2.) CERTIFICATE Case No. 1 of 1992 -93 has been registered against the petitioner, which is currently pending before the learned Certificate Officer, Buxar, and the notice dated 2.2.93 was issued to the petitioner in terms of Section 72 of the Act, photocopy of which is marked Annexure

(3.) THE petitioner submitted his objection under Section 9 of the Act (Annexure 4), which was upheld by learned Certificate Officer by order dated 22.3.93 (Annexure 5). It appears that responent no. 5 (Buxar Agricultural Produce Market Committee, Buxar) appealed before the Collector of the District, which was registered as Case No. 97 of 1996 (Market Committee V/s. M/s Lakshmi Fertilizers Agency), and has been allowed by order dated 30.3.2001 (Annexure 8), whereby the order of the certificate officer dated 31.5.96 has been set aside, and has directed the Certificate Officer to realise the certificate dues from the petitioner. 3. While assailing the validity of the impugned order, learned counsel for the petitioner submits that the dues in question is not government dues within the meaning of the Act, nor is there any agreement between the parties to have the same recovered under the Act. He next submits that the lease agreement between the parties has spent itself in so far as the petitioner is concerned. Respondent no. 5 now seeks to alter the same much after the petitioner has vacated the premises and the agreement has run out its course.