Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1215 of 2025 ====================================================== Vijay Kumar Son of Late Ragho Yadav @ Radho Yadav, Resident of VillageGiriyak, P.S.- Giriyak, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Muzaffarpur. 2.

The Director-cum-Certificate Officer, District Rural Development Agency, Muzaffarpur.

3.

The Secretary, Bihar State Road Transport Corporation, Privahan Bhawan, Veerchand Patel Path, Patna, Bihar.

4.

The Chief Mechanical Engineer, Bihar State Road Transport Corporation, Patna.

5.

The Area Manager, Bihar State Road Transport Corporation, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate.

Mr. Bipin Kumar, Advocate.

For the Respondent/s :

Mr. Sita Ram Yadav GP-16 with Mr. Yatindra Narayan, AC to GP-16.

For the BSRTC :

Dr. Anand, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-02-2025 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission.

2. Learned counsel appearing on behalf of the petitioner has stated that without issuing any notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as 'the Act'), the authorities have straightaway issued the warrant of arrest.

Patna High Court CWJC No.1215 of 2025(2) dt.12-02-2025 2/3 Learned counsel has stated that the authorities may be directed to issue a notice under Section 7 of the Act to enable the petitioner to file his objection under Section 9 of the Act and, thereafter, pass a reasoned order.

3. Having regard to the above made submissions, the Certificate Officer is directed to issue a notice to the petitioner under Section 7 of the Act within a period one week from today. On receipt of the notice, the petitioner shall file his objection under Section 9 within a period of two weeks thereof. After the objections are filed by the petitioner, the authorities shall pass final order under Section 10 of the Act duly taking into consideration the objection filed by the petitioner. It is needless to observe that before passing any order, the authority shall give an opportunity of hearing to the petitioner. Any orders passed shall be communicated to the party. In case, the petitioner does not file his objection within a period of two weeks from the date of the receipt of the copy of the notice under Section 7, the authorities are free to take necessary action against the petitioner. Till such time, the final orders are passed under Section 10, the authorities shall not take any

Patna High Court CWJC No.1215 of 2025(2) dt.12-02-2025 3/3 coercive action against the petitioner.

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

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