Anil Kumar Choubey, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3340 of 2020 ====================================================== Anil Kumar Choubey, Male, aged 42 years, Son of Late Onkar Nath Choubey, Resident of Village Parmanpur, Block and P.S. Nawanagar, District Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar, Patna.

2.

The District Magistrate, Buxar.

3.

The Deputy Development Commissioner, Buxar.

4.

The Block Development Officer, Nawanagar Block District Buxar. 5.

The Certificate Officer, Buxar.

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

For the Petitioner/s :

Mr. Satyabir Bharti, Advocate For the Respondent/s :

Mr. Satya Vrat, AC to GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 23-03-2022 Heard learned counsel for the parties.

The petitioner seeks quashing of Certificate Case No. 10/2014-15, which was initiated on the requisition of the Block Development Officer, Nawanagar. At the outset, in this petition, the petitioner has raised a legal issue whether a certificate proceeding would be maintainable without any quantification or adjudication of the amount which is sought to be recovered.

We feel that the petitioner should first raise this plea before the Certificate Officer who will take it up as a

Patna High Court CWJC No.3340 of 2020(2) dt.23-03-2022 2/2 preliminary issue and decide it at the earliest, in any case, not later than eight weeks.

Till then, no coercive action be initiated against the petitioner.

Needless to observe that the petitioner shall be at liberty to move appropriate application before the Certificate Officer within two weeks from today.

The petition stands disposed off.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P.Kumar/Anand Kr.

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