Ramesh Prasad Chaurasia @ Ramesh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14092 of 2017 =========================================================== Ramesh Prasad Chaurasia @ Ramesh Prasad, Son of Bhagawan Bhagat Resident of Village- Nayatola, Chausia, Police Station-Govindchak DistrictSaran at Chapra. .... .... Petitioner

Versus

1. The State of Bihar through District Magistrate, District Saran at Chapra.

2. District Magistrate, District Saran at Chapra.

3. The District Certificate Officer, Chapra, District -Saran at Chapra.

4. Sub-Divisional Officer, Marhauraha, District- Saran at Chapra.

5. Block Development Officer, Masharakh , District- Saran at Chapra. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Choudhary Shyam Nandan, Advocate For the Respondents : Mr. K.P.Gupta -GP10 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-04-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for quashing the Certificate Case No. 05 of 2016-17 pending before District Certificate officer, Saran at Chapra; for quashing the notice dated 28.08.2017 (Annexure-7) issued under the signature of Respondent No. 3 directing the petitioner to appear before him on 04.09.2017 and file his show cause as to why he should not be sent to civil custody in jail as he has not paid the dues of Rs. 13,91,453/-; and for further direction to the respondents not to take any coercive action against the petitioner till disposal of the objection petition filed under Section 9 of the Bihar and

Patna High Court CWJC No.14092 of 2017 dt.06-04-2018 2/3 Orissa Public Demand Recovery Act, 1914 (for short, "PDR Act").

3. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 05/2016-17 against the petitioner in terms of Section 7 of the PDR Act for recovery of the dues amounting to Rs. 13,91,453/- are wholly illegal and liable to be quashed.

4. The immediate concern of the petitioner in this case is that a warrant of arrest has been issued against him in connection with the dues amounting to Rs. 13,91,453/- recoverable in terms of the notice dated 28.08.2017 issued by the District Certificate Officer, Saran at Chapra in Certificate Case No. 05/2016-17.

5. It is further submitted that an objection petition under Section 9 has already been filed which is pending before the District Certificate Officer but without disposing of the same, the warrant of arrest has been issued.

6. With the consent of parties, the present writ petition is disposed of granting liberty to the petitioner to file his objection petition under Section 9 of the Act within a period of three weeks from today, which, if done, shall be disposed of by the District Certificate Officer, Saran at Chapra on its own merits within a further period of four weeks thereafter in accordance with law and in terms of Section 10 of the said Act.

7. It is made clear that until disposal of such petition, if filed, the District Certificate Officer, Saran at Chapra, shall not resort to any

Patna High Court CWJC No.14092 of 2017 dt.06-04-2018 3/3 coercive action for recovery of the dues against the petitioner in Certificate Case No. 05/2016-17.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.04.2018 Transmission Date N.A.