AMINUR RASHID Vs. THE BRANCH MANAGER

JUDGEMENT

(1.) Challenge in this Letters Patent Appeal is to the judgment dated 07.02.2018 passed by the learned Single Judge in Civil Writ Jurisdiction Case No. 13892/2012. By the impugned judgment the learned Single Judge has refused to interfere with the proceeding of the Certificate Case No. 51/2011-12 and dismissed the writ application.

(2.) It appears that the writ application was preferred for issuance of a writ in the nature of certiorari to quash the entire Certificate Proceeding in Certificate Case No. 51/2011-12 in connection with which the petitioner was arrested and a sum of Rs. 2,42,883/- has been recovered from him. The petitioner also prayed for a direction to respondent nos. 2 and 3 to refund the amount recovered from him by putting him behind the bar and also to direct the respondents to pay a compensation of Rs. 10,00,000 for keeping him in illegal confinement.

(3.) The petitioner claimed that his father had obtained an agricultural loan of Rs. 27,956/- for which a certificate of Rs. 70,297.50 was issued giving rise to Certificate Case No. 48/2000-01 against father of the petitioner. The father of the petitioner is said to have deposited Rs. 2,00,005.50 against the certificate of Rs. 70,297.50. Later on father of the petitioner died on 08.01.2004 leaving behind his wife, five sons and two daughters. Another certificate of Rs. 1,89,409.00 was issued by respondent no. 2 against this petitioner for the recovery of the same loan amount of his father for the left out amount of Certificate Case No. 48/2000-01. The fresh Certificate Case No. 281/2005-06 was initiated on 15.07.2005. The petitioner filed his objection under Section 9 of the Bihar Public Demand Recovery Act (hereinafter referred to as the "Bihar PDR Act") on 24.09.2005 challenging the maintainability of the certificate proceeding beside other grounds. The said certificate case was dropped without any final order or decision by the Certificate Officer, as according to the petitioner, his objection remained in the certificate proceeding.