ANIL KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present application, the petitioners have challenged the validity and sustainability of the entire certificate case instituted by the respondent Director Food Processing, Department of Industries, Government of Bihar registered as Certificate Case No. 1 of 2018-19 in the Court of Certificate Officer, Araria on the ground of absence of jurisdiction and authority in terms of Bihar and Orissa Public Demand Recovery Act 1914 (for short 'PDR Act').

(2.) During the pendency of the writ application before this Court, the respondent-Certificate Officer, Araria continued with the proceedings of the certificate case. The petitioner filed an objection under Sec. 9 of the PDR Act. The objection submitted by the petitioners primarily dealt with the issue of the maintainability of the certificate proceeding under the PDR Act for recovery of grant-in-aid provided by the Government. However, the respondent-Certificate Officer, Araria, vide order dtd. 10/6/2022 acceded to the prayer of the respondent and directed the petitioners to pay back the amount of subsidy to the government, failing which coercive action would be taken in terms of the provisions of the PDR Act. The said order was communicated to the petitioner through letter dtd. 11/6/2022.

(3.) By filing an Interlocutory Application, the petitioners have prayed for grant of leave to amend the relief by adding the following reliefs in the main writ petition:-