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Patna High CourtCWJC/4575/2020disposed

Ashish Kumar v. The State Of Bihar

2020-03-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4575 of 2020 ====================================================== Ashish Kumar Son of Chandradeep Rai Resident of Village- Rikabganj, P.S.- Malsalami, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Mines and Minerals, Government of Bihar, Patna.

2.

The Collector, Vaishali.

3.

The Certificate Officer, Vaishali.

4.

The Mines and Minerals Development Officer, Hazipur, Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh For the Mines :

Mr.Naresh Dikshit, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 The short grievance of the petitioner in the present case is that despite the petitioner having filed objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 before the learned Certificate Officer, Vaishali in connection with Certificate Case No. 3 of 2017-18, the learned Certificate Officer, Vaishali is not passing the final orders under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914, and instead, has issued a distress warrant. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Certificate Officer, Vaishali to consider the objection already filed by the petitioner under Section 9 of the Bihar and Orissa Public Demand

Patna High Court CWJC No.4575 of 2020(2) dt.06-03-2020 2/2 Recovery Act, 1914, if any, and pass the final orders under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914 in connection with Certificate Case No. 3 of 2017-18 and till passing of such final orders, no coercive action shall be taken against the petitioner.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U