LAWS(PAT)-2018-11-15

DIGAMBAR MISHRA Vs. STATE OF BIHAR & ORS

Decided On November 19, 2018
Digambar Mishra Appellant
V/S
STATE OF BIHAR AND ORS Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent-Bank.

(2.) The present writ petition has been filed for quashing the notice dated 07.04.2015 issued by the Certificate Officer, Madhubani, whereby and whereunder a certificate proceeding bearing Certificate Case No. 94/2014-2015 has been initiated against the petitioner/certificate debtor under Section 7 of the Bihar & Orissa Public Demands recovery Act (for short, "the Act") for recovery of a sum of Rs. 10,58,226/- due to the Allahabad Bank, Patna High Court CWJC No.11225 of 2015 dt.19-11-2018 Madhubani/Certificate holder; and for connected reliefs.

(3.) It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 94/2014-2015 against the petitioner in terms of Section 7 of the Act for recovery of the dues amounting to Rs. 10,58,226/- are wholly illegal and liable to be quashed.