NARMADESHWAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has approached this Court for issuing a writ of certiorari quashing the certificate case no. 845/91 -92 pending before the respondent no. 3, the District Manager -cum -Certificate Officer, Land Development Bank, Bettiah, West Champaran.

(2.) THE case of the petitioner is that he borrowed a sum of Rs. 25,000/ - from the Land Development Bank, Bettiah (for short 'the Bank') as agriculture loan in 1969. Out of which he paid a sum of Rs. 16,000/ - but could not pay the balance amount. In 1974, the Bank initiated certificate proceeding against the petitioner under the Bihar & Orissa Public Demands Recovery Act (for short 'the Act '). The petitioner filed objection challenging the correctness of the account and requested the bank to produce the relevant ledger before the Certificate Officer. The Bank instead of producing the ledger, withdrew the certificate case. The Bank filed another certificate case no. 39/77 -78 but that was also withdrawn on the objection of the petitioner. The Bank filed yet another certificate case no. 328/77 -78 in which also the petitoner filed objection but it was not entertained and, therefore, he filed Title Suit No. 23 of 1979 in the Court of Sub -Judge, Bettiah under Section 43 of the Act which was decreed by the 4th Additional Sub -Judge, Bettiah on 18.4.1983. The relevant portion of the judgment is quoted below :

(3.) LEARNED counsel for the petitioner contended that the present certificate proceeding is not legally maintainable in view of the decree Of the civil court in Title suit no. 23 of 1979. On the other hand, learned counsel for the respondents contended that the decree of the civil court is ex -parte and nullity and is of no help to the petitioner.