Radhey Paswan @ Radhey Shyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3557 of 2023 ====================================================== Radhey Paswan @ Radhey Shyam S/O Sakaldip Paswan Resident of villagePawapatti, P.O.- Kaidi Meyar, P.S.- Noorsarai, District- Nalanda, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Labor Department Govt. of Bihar, Patna.

2.

The District Magistrate Nalanda, Bihar.

3.

Neelam Patra Padadhikari, Bihar Sharif, District- Nalanda. 4.

The Sub Divisional Magistrate (SDM) Cum Certificate Officer, Bihar Sharif, District- Nalanda.

5.

The Block Labor Enforcement Officer Noorsarai, District- Nalanda. 6.

Jagdish Mistri S/O Shivu Mistri, Bari Pahari, Mansoor Nagar, at P.O. and P.S.- Sohsarai, District- Nalanda.

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

For the Petitioner/s :

Mr. Pramod Kumar Pranav, Adv.

For the Respondent/s :

Mr. Sarvesh Kumar (Gp24) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-04-2024 Without going into the merits or demerits of the case, having regard to the fact that the certificate proceedings are still pending before the Certificate Officer, the present C.W.J.C. is disposed of directing the petitioner to appear before the Certificate office and file his objections under Section 9 of the Act. The petitioner is given three weeks from today to file his objections. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act in accordance with law and on merits. The petitioner shall be given an opportunity of hearing before any orders are passed.

Patna High Court CWJC No.3557 of 2023(4) dt.09-04-2024 2/2 Till such time the final orders are passed under Section 10, the authorities are directed not to take any coercive steps. As it is stated that the petitioner is labourer, the petitioner shall appear and provide his correct address to the authority concerned. The petitioner shall also undertake to appear before the said authority on every date of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of the copy of this order.

2. In case the petitioner does not appear before the Certificate Officer as directed by this Court, the authorities are free to take necessary action.

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

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