VEENA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondents.

(2.) The present writ petition has been filed for the following reliefs -

(3.) Learned counsel for the petitioner submits that the entire certificate proceeding is wholly without jurisdiction and unsustainable in view of the inherent infirmities in the requisition issued by the District Manager, Bihar State Food and Civil Supplies Corporation, Bhagalpur (respondent no. 3) as well as in the certificate filed by the Collector pursuant thereto. It is pointed out that several columns in the requisition issued in the name of M/s Goyal Rice Mill and not against the petitioner are blank and thus a defective requisition has been issued without payment of court fee nor verification and certification of the amount has been made. So also in the certificate issued in Form No. 1, the Certificate Officer has not recorded his satisfaction with respect to the amount outstanding from the petitioner , nor has the certificate case number been stated thereon. Reliance is placed on the decisions of this Court rendered in Hari Prasad Agrawal Vs State of Bihar reported in 195 BBCJ 723 and also in M/s Vishnu Sugar Mills Ltd. Vs. The State of Bihar & others reported in 2015 (1) PLJR 863 wherein the entire proceeding is held to be without jurisdiction for want of proper requisition and certificate.