IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1584 of 2010 1. The Purnea Distict Central Co-Operative Bank Ltd., Purnea Through Its Managing Director Versus 1. The State Of Bihar Through Sikanrti Co-Operativce Department, Bihar 2. Satya Narayan Singh S/O Sri Shyam Sundar Singh R/O Chauhan Tola, Gulab Bag, P.S.- Purnea Sadar Town, Distt.- Purnea 3. The Registrar, Co-Operative Department Government Of Bihar, Patna 4. The Collector, Purnea 5. The Managing Director Purnea District Central Co-Operative Bank Ltd.- Cum-Certificate Officer, Purnea 6. The Branch Manager Purnea Di0strict Central Co-Operative Bank Ltd., Gulab Baag Branch, Purnea 7. Bhubneshwar Prasad Mandal (In Short B.P. Mandal) S/O Name Not Known Then Managing Director, Purnea District Central Co-Operative Bank Ltd., Purnea, At Present Managing Director Central Co-Operative Bank, Bhagalpur For the Appellant: Mr. Rakesh Kumar Jha, Advocate. ----------- 02. 14.07.2011 This Letters Patent Appeal has been filed against the judgment and order dated 20.04.2010 passed by learned Single judge in C.W.J.C. No. 13882 of 2007 allowing the writ petition and quashing the recovery certificate issued by the appellant. The appellant is a District Cooperative Bank Ltd. from which the petitioner/respondent Satya Narayan Singh had taken loan and on account of failure in installment and dues accrued against him for recovery of which the certificate was issued. The learned Single Judge has quashed the 2 recovery certificate on the ground that the amount was not recoverable under the Bihar and Orissa Public Demand Recovery Act, 1994 in absence of written agreement. It appears that the learned counsel appearing for the appellant Cooperative Bank could not draw the attention of the learned Single Judge on Section 52 of the Bihar Cooperative Societies Act which reads as under: “52. Recovery of Sums due.- Any sum payable by any person or by any registered society- (a). as fees for an audit held under Section 33, (b) In accordance with an order of the Registrar under Section 39(b) apportioning the costs of an inquiry or inspections, (c) in accordance with an order passed under Section 40, (d) in accordance with an order of the Registrar or of a liquidator passed under Section 44, (e) in accordance with an order, decision or award passed or made under Section 48, or [(f) as an amount due from member, past member or the nominee, heir, or legal representative of the deceased member of a Primary Co-operative Society.] Shall be recoverable, as a public demand in any area, in which the Bihar and Orissa Public Demand Recovery Act, 1914 (B.&O. Act 4 of 1914), is in force or as an arrear of land revenue throughout the whole of the State and the Registrar or other person authorized by him in this behalf, shall be deemed to be the person to whom such public demand is due or to whom such arrear of land 3 revenue is payable.” Thus dues clearly recoverable as public demand in the area in which the Bihar and Orissa Public Demand Recovery Act, 1940 is in force. It is not in dispute that the Bihar and Orissa Public Demand Recovery Act, 1940 is not in force in the area. Therefore, the amount was recoverable as orders of land revenue. Thus, the judgment of the learned Single Judge is set aside and recovery certificate is held valid. However, further steps on the certificate shall be proceeded with after giving a month’s notice to the respondents. Mkr. ( Prakash Chandra Verma, J. ) (Aditya Kumar Trivedi, J.)