PUSHKAR CEMENT PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in C.W.J.C. No. 8054 of 2006 has prayed for issuance of writ in the nature of certiorari for quashing the notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as "the P.D.R Act") in Certificate Case No. 1 of 2005-06 initiated against the petitioner at the instance of the respondent No.2, the Managing Director- cumSpecified Authority, Bihar State Financial Corporation, Fraser Road, Patna, appointed by the Government of Bihar under Section 32G of the State Financial Corporation Act (hereinafter referred to as "the S.F.C. Act"), a copy of the notice is impugned at Annexure-5 to the writ petition.

(2.) The petitioner in C.W.J.C.No.20374 of 2013 in a similar manner also questions a notice issued under Section 7 of "the P.D.R. Act" in Certificate Case No. 1 of 2005-06 and Certificate Case No. 2 of 2013-14 initiated against the petitioner by the Managing Directorcum-Specified Authority under Section 32 G of "the S.F.C. Act", a copy of the notice is impugned at Annexure-5 to the writ petition. Since both the writ petitions raise common issues of facts and law hence they have been heard analogous and are being disposed of by a common judgment.

(3.) For the sake of convenience I shall be referring to the pleading made in the C.W.J.C.No.8054 of 2006 unless clarified with specific reference to the other writ petition.