Patna High CourtCWJC/6861/2016disposed

Raj Kumar Prasad v. The State Of Bihar And ORS

2017-01-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6861 of 2016 ====================================================== Raj Kumar Prasad, Son of Late Deenanath Prasad, Resident of Village and P.O- Lagunaha, P.S.- Bagha, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protction Department, Old Secretariat, Patna.

2. The District Manager, Bihar State Food and Civil Supply Corporation, Sitamarhi.

3. The Certificate Officer, Sitamarhi.

4. The Officer Incharge, Dumra Police Station, Sitamarhi. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Labh, Adv. For the State : Mr. Shashi Shekhar Singh, A.C. to G.A.-6 For B.S.F.C. : Mr. Vikas Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-01-2017 Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the petitioner is ready to deposit the outstanding dues, but in installments. He further submits that already the application of the petitioner is pending before the Certificate Officer, Sitamarhi. In such view of the matter, the petitioner, if so advised, may file proper application before the Certificate Officer under Section 56 of the Bihar and Orissa Public Demands Recovery Act. If such an application is filed within a period of three weeks from today, the Certificate Officer shall decide the same on merit with regard to deposit of the

Patna High Court CWJC No.6861 of 2016 (4) dt.19-01-2017 2/2 outstanding amount in installments. Till the decision of the Certificate Officer, no coercive steps will be taken against the petitioner. It is clarified that if the petitioner does not files the application within three weeks from today, then this order will be treated to have been withdrawn. It is further clarified that this order will be confined till the order passed by the Certificate Officer.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- U