SONE VALLEY RICE MILL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The prayer of the petitioner in this writ application reads as follows :-

(3.) Mr. Vinod Kanth, learned senior counsel appearing for the petitioner, has submitted that the initiation and continuation of the certificate proceeding under the provision of the Bihar Public Demand Recovery Act, 1914 (hereinafter to be referred to as "the Act") against the petitioner is wholly without jurisdiction, inasmuch as, the amount involved in certificate proceeding is not a public demand as defined in Section 3(6) of the Act. He has further submitted that there is in fact an inter parte agreement between the petitioner and the Bihar State Food & Civil Supplies Corporation (hereinafter to be referred to as "the Corporation") as with regard to performance of certain work by the petitioner awarded by the Corporation but, the same does not envisage that any amount allegedly due against the petitioner can be recovered by taking recourse to certificate proceeding under the Act.