IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3863 of 2007 HARI LAL SINGH SON OF LATE BHAJAN LAL SINGH RESIDENT OF VILLAGE KHAJURBARI, TOLA BAGHUA, P.O. HALDHARA (MAHADIPUR) VIA KURSAKATA, PS. KURSAKATA, DISTRICT ARARIA. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY COOPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE REGISTRAR, COOPERATIVE SOCIETIES, BIHAR, PATNA. 4. THE PURNEA DISTRICT CENTRAL COOPERATIVE BANK LTD. PURNEA THROUGH ITS MANAGING DIRECTOR-CUM-ADMINISTRATOR, 5. THE MANAGING DIRECTOR-CUM-ADMINISTRATOR, PURNEA DISTRICT CENTRAL COOPERATIVE BANK LTD. PURNEA. 6. THE BRANCH MANAGER PURNEA DISTRICT CENTRAL COOPERATIVE BANK LTD. KURSAKATA BRANCH, DISTRICT ARARIA. 7. THE DISTRICT CO-OPERATIVE OFFICER CUM CERTIFICATE OFFICER, PURNEA. ----------- For the Petitioner :- Mr. S. P. Mukherjee, Sr. Advocate & Mr. Shanti Pratap. For the State :- Mr. Yogendra Prasad Sinha, AAG V ----- 2 10/02/2010 Reason for filing the present writ application by the petitioner was issuance of a show cause notice by the Certificate Officer, Purnea directing the petitioner to appear before him on 10.10.2006 and to file his show cause as to - 2 - why steps should not be taken for recovery of the amount despite notice under section 7 of the Bihar Public Demand Recovery Act (shortly the Act) having been issued in this regard. The stand of the learned Senior Counsel for the petitioner is that the Certificate Officer is not accepting the show cause and willing to entertain it. No proper notice under section 7 of the Act has been served and, therefore, the whole proceeding is in breach of the law. The above submissions may not be enough for this Court to entertain this writ application at this stage. Whether appropriate notice under section 7 of the Act has been served upon the petitioner will be a matter of fact to be verified from the records of the case but one thing is certain that the petitioner has now knowledge of the proceeding. Let the petitioner appear before the Certificate Officer. If no proper notice under section 7 of the Act has been served upon the petitioner, it will be served upon him. The petitioner thereafter shall exercise his statutory right to file objection under section 9 of the Act which the Certificate Officer will be obliged to decide and only after adjudication of the - 3 - objection, he will proceed in the matter in accordance with law. This writ application is dismissed with the liberty as above. AMIN (Ajay Kumar Tripathi, J.)