Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.745 of 2025 ====================================================== Pawan Kumar son of Kali Prasad, Village -Tikka Bigha, P.S. - Bodhgaya, District - Gaya, PIN -824231.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

3.

The District Magistrate, Gaya.

4.

The District Certificate Officer, Gaya.

5.

The Superintendent of Police, Gaya.

6.

The Station House Officer, Police Station - Bodhgaya, Gaya. 7.

The Regional Manager-cum-Authorized Officer, South Bihar Gramin Bank, 371-A, Ramanuj Bhawan, A.P. Coloney, Gaya, PIN-823001. 8.

The Branch Manager, South Bihar Gamin Bank, Bodhgaya, Pachchati, Gaya, PIN - 823001.

9.

The Authorized Officer, South Bihar Gramin Bank, Bodhgaya, Gaya, PIN - 823001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Ranjan, Adv.

For the Respondent/s :

Mr. Government Pleader (7) For the Resp. Nos. 7-9 :

Mr. Praveen Prabhakar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-01-2025 The present writ petition is disposed of at the stage of Admission with the consent of both the parties.

2. Without going into the merits or demerits of the case and having regard to the fact that the petitioner has challenged the notice issued under Section 7 of the Bihar and

Patna High Court CWJC No.745 of 2025(2) dt.23-01-2025 2/3 Orissa Public Demands Recovery Act, 1914.

3. Learned counsel for the petitioner has stated that the petitioner could not file his objections as the notice issued by the Certificate Officer does not contain any date on which the petitioner has to appear. The learned counsel for the respondents has stated that the petitioner without filing his objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 has straightaway approached this Hon'ble Court .

4. Having regard to the above, the present writ petition is disposed of directing the petitioner to file his objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 within a period of four weeks from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914. It is needless to mention that before passing any order, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the party.

5. Till such time the final orders are passed under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914, no coercive steps shall be taken against the petitioner.

Patna High Court CWJC No.745 of 2025(2) dt.23-01-2025 3/3

6. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U