Shani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3430 of 2024 ====================================================== Shani Kumar S/o Sunil Kumar R/o Village-Mananpur, P.S.-Govindganj, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Mines and Mineral Department, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Collector Cum District Magistrate, East Champaran, Motihari. 4.

The District Mining Officer, East Champaran at Motihari. 5.

The Additional Collector, East Champaran at Motihari. 6.

The Certificate Officer, Nilam Patra Padadhikari, East Champaran at Motihari.

7.

The Mines Inspector Cum Competent Authority, District-East Champaran at Motihari.

8.

The Assistant Mining Officer, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Adv.

For the Respondent/s :

Mr. Government Pleader 12 For the State :

Mr. Mujtabaul Haque, GP-12 Mr. Pranoy Kumar, AC to GP-12 For the Mining :

Mr. Naresh Dikshit, Adv.

Ms. Kalpana, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-04-2025 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of Admission. Having regard to the fact that the petitioner has filed his objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 and Certificate Officer is yet to pass final orders under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914. The present writ petition

Patna High Court CWJC No.3430 of 2024(9) dt.23-04-2025 2/2 is disposed of directing the Certificate Officer to consider the objections filed by the petitioner and pass necessary orders under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914 strictly in accordance with law. It is needless to mention that before passing any order, the petitioner shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the party. The entire exercise shall be completed as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of copy of this order. Till such time the final orders are passed, the authorities are directed not to take any coercive steps. In case the petitioner does not cooperate for disposal of the matter, the authority is directed to take necessary action in accordance with law.

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

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