CHANDRIKA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioner, under Articles 226 and 227 of the Constitution of India, praying that a writ of prohibition be issued for striking down and cancelling Certificate Case No. 69 of 1963-64, pending before the Certificate Officer, Siwan, in the district of Saran. The petitioner has further prayed for a writ of certiorari for quashing four orders dated the 9th September, 1963, 31st July, 1967, 25th January, 1968 and 1st May, 1968, passed by the Certificate Officer and authorities above him, terminating in the last order passed by the Board of Revenue. Copies of the aforesaid orders have been incorporated in Annexure 4, 5, 6 and 7 of the writ application respectively. A counter-affidavit has been filed on behalf of the State of Bihar and others and a reply to the counter-affidavit has been filed by the petitioner.

(2.) The relevant facts, mentioned in the application under consideration are as follows:

(3.) The main point in the case being whether the dues, if any, from the petitioner can be realised as public demand, the relevant facts, mentioned in the counter-affidavit, ' may now be mentioned. It is stated that there is no record to show that at the mere request of the Subdivisional Officer, the petitioner had agreed to work as a stockist of food-grains on payment of commission. It is alleged that an agreement must have been executed in accordance with law, and the petitioner has himself admitted existence of , such an agreement in paragraph "4 (a) of the objection filed by him under Section 9 of the Public Demands Recovery Act (A copy of this objection has also been appended as Annexure A to the counter-affidavit). Paragraph 4(a) of the said objection runs thus: