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Patna High CourtCWJC/21800/2018disposed

Kameshwar Prasad v. The State Of Bihar And ORS

2018-12-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21800 of 2018 ====================================================== Kameshwar Prasad S/o late Ram Kishun Singh resident of Village-Ganga Bigha, P.S. Karai Parshurai, District- Nalanda. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Govt. of Bihar, Patna.

2. The Inspector General of Excise, Bihar, Patna.

3. The Superintendent of Excise, Nalanda.

4. The District Magistrate, Nalanda.

5. The Sub Divisional Officer, Hilsa, Nalanda.

6. The Certificate Officer, Nalanda.

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

For the Petitioner/s :

Mr.Anant Kumar-1 For the Respondent/s :

Mr.Vivek Prasad - Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 20-12-2018 1.

After some arguments, the learned counsel for the petitioner seeks liberty to file an objection under Section 9 of the Bihar & Orissa Public Demand Recovery Act, 1914 before the learned Certificate Officer.

2.

In view of the aforesaid, the present writ petition is disposed of as withdrawn with liberty to the petitioner to file objection under Section 9 of the Act, 1914 in connection with Certificate case no. 3 of 2015-16 pending before the Certificate Officer, Biharsharif, Nalanda and in case, such an objection is filed within a period of six weeks from today, the Certificate Officer shall be obliged to consider the same and pass a final

Patna High Court CWJC No.21800 of 2018 dt.20-12-2018 2/2 order in the ongoing certificate proceedings. 3.

It is further directed that till the passing of the final order, no coercive steps shall be taken against the petitioner herein. However, it is clarified that in case no such objection is filed within a period of six weeks from today, the Certificate Officer shall proceed ex-parte.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.12.2018 Transmission Date NA