Pramanand Kumar Suman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6295 of 2015 ====================================================== Pramanand Kumar Suman ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Prasad For the State :

Mrs.Archana, AC to AAG II For BSFC Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-04-2019 Reply of the counter affidavit is filed. Let it be kept on record.

Heard counsel for the petitioner and counsel for the Corporation.

Writ petition has been filed for quashing of letter dated 30.09.2014 issued by District Manager, Vaishali of the Corporation whereby he has directed recovery of amount of Rs. 2,59,497.34/-.

From the pleadings on record, it appears that for the said demand, proceeding under the Bihar and Orissa Public Demand Recovery Act (in short "the Act') was subsequently instituted during pendency of the instant proceeding and the petitioner has already appeared in the said proceeding and filed his objection on 25.05.2016. Record reveals that petitioner has

Patna High Court CWJC No.6295 of 2015(5) dt.30-04-2019 2/2 already availed the remedy by filing objection under Section 9 of the said Act in the pending proceeding arising out of Certificate Case No. 12/2015-16 before the Certificate Officer, Vaishali.

It will be open to the petitioner to pursue his remedy in the said proceeding in respect of demand which has been made subject to instant proceeding.

Writ petition is disposed off.

(Madhuresh Prasad, J) s.hassan/- U