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Patna High CourtCWJC/2809/2023disposed

Rameshwar Prasad Singh v. The State Of Bihar

2023-03-29Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2809 of 2023 ====================================================== Rameshwar Prasad Singh Son of Late Raghunath Singh Resident of VillageDeshrajpur, P.S. Mahnar, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Chief Secretary, Government of Bihar, Patna. 3.

The District Magistrate, West Champaran, Bettiah. 4.

The Certificate Officer-cum-Assistant Collector of Certificate, Case No.- 1/2018-10.

5.

District Manager, Bihar State Food Corporation, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam, Advocate For the State :

Mr. Anisul Haque, AC to AAG 5 For the B.S.F.C.

:

Mr. Shailendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 29-03-2023

1. Learned counsel for the petitioner submits that a warrant of arrest has been issued in the recovery proceedings against the petitioner, who never received the notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914.

2. The petitioner has to submit his objections before the concerned authority in terms of Section 9 of the Act, which he has not done till date.

3. Granting him liberty to submit his objections, it is observed that if such objections are raised, the same shall be decided on merits by passing a speaking order, considering that

Patna High Court CWJC No.2809 of 2023(2) dt.29-03-2023 2/2 the petitioner has been avoiding to appear before the concerned authorities for several years, it is directed that the objections must be positively filed within a period of seven days from today. If such objections are filed, the same shall be decided within a period of two months thereafter. In the meanwhile, the arrest warrant shall remain stayed. However, it is made clear that if objections are not filed within a period of seven days from today, the aforesaid order shall cease to operate.

4. The writ petition is disposed of with aforesaid terms.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 12 U