KRISHANA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the instant application for the following reliefs:

(2.) At the outset, Learned counsel for petitioner contended that since this matter is squarely covered under the under the judgment passed by this Court in CWJC No. 11206 of 2016 (Badri Prasad Gupta Versus The State of Bihar & Ors.) reported in 2018(3) PLJR 218, this writ petition may also be disposed of on the same term and conditions.

(3.) Learned counsel for the respondents submits that this Court has disposed of similar matters which are squarely covered under the order dtd. 11/7/2024 passed in CWJC No. 9221 of 2016 (Raju Gupta Versus The State of Bihar & Ors.), and some judgments passed by Division Bench of this Court as well as by Hon'ble Supreme Court i.e. judgment dtd. 18/10/2023 passed in L.P.A. No. 1643 of 2019 (Pintu Biswas Versus the State of Bihar & Ors), Judgment dtd. 10/10/2017 passed in LPA NO. 1373 of 2017 (Ram Niwas Sharma Vs. The Food and Consumer Protection Department & Ors.), and a judgment passed by Hon'ble Supreme Court of India in Civil Appeals Nos. 471 of 1975 (State of Karnataka Vs. Shree Rameshwara Rice Mills, Thirthahalli). Learned counsel for the respondents further draws attention of this Court on a judgment passed by a Division Bench of this Court in Nageshwar Prasad Singh Vs. Rai Bahadur Kashinath Singh (1958 BLJR 820). As regards the effect of a defective Certificate on the validity of the Certificate proceeding, the Division Bench of this Court in Nageshwar Prasad Singh (supra) has observed as follows: