Chandra Bhushan Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4026 of 2016 ====================================================== Chandra Bhushan Sharma Son of Ramanuj Sharma Resident of Mohalla - East Gandhi Maidan Jehanabad, P.S. Jehanabad, District - Jehanabad .... .... Petitioner/s

Versus

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

2. The Commissioner, Department of Mines and Geology, Government of Bihar, Patna

3. The Commissioner Magadh Division, Gaya

4. The District Magistrate, Jehanabad

5. The Superintendent of Police, Jehanabad

6. The Certificate officer, Mines and Geology Cum Deputy Director Mines Magadh Division, Gaya

7. The Assistant Mines officer, Jehanabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For Mines Deptt. : Mr. D.K. Sinha, Sr. Advocate Mr. Rajendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 05-08-2016 Heard learned Counsel for the petitioner and learned Senior Counsel for the Mines Department. The only grievance of the petitioner is that a warrant of arrest has been issued against him for realization of the royalty under the provisions of the Bihar Public Demands Recovery Act without service of notice upon him enabling him to file objection and considering the said objection.

In the above circumstances, the writ application is disposed of with the direction that the petitioner shall file his

Patna High Court CWJC No.4026 of 2016 (2) dt.05-08-2016 2/2 objection before the Certificate Officer on or before 26th August, 2016 which shall be considered and disposed of by the Certificate Officer in accordance with law.

Until disposal of the objection petition, no coercive action shall be taken against the petitioner and the warrant of arrest issued against the petitioner shall stand quashed with liberty to the Certificate Officer to issue fresh warrant of arrest, if so required.

(Ramesh Kumar Datta, J) S.Pandey/- U