Nirmal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4973 of 2024 ====================================================== Nirmal Thakur son of Late Nagina Thakur resident of village and Post and P.S.- Araraj, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Finance Department, Government of Bihar, Patna.

2.

The Bihar State Co-operative Bank Ltd., Patna through its Chairman, Patna, Bihar.

3.

The Managing Director, Bihar State Co-operative Bank Ltd., Patna Bihar. 4.

The District Magistrate, East Champaran Motihari. 5.

The District Auction Certificate Officer, East Champaran, Motihari. 6.

The Certificate Officer, East Champaran, Motihari. 7.

The Manager, Bhoomi Vikash Bank, Araraj, Govindganj, East Champaran , Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For Bank :

Mr. Bindyachal Rai, Adv.

For the Respondent/s :

Mr. Addl. Advocate General 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 01-08-2024 The present writ petition is disposed of with the consent of all the parties at the stage of admission

2. Heard the learned counsel for the parties.

3. Having regard to the fact that the present writ petition is filed impugning the notice issued by the Certificate Officer, i.e., respondent No. 6 and also the warrant of arrest issued by the said officer, the same is disposed of without going into merits or demerits of the case directing the petitioner to file his objections under Section 9 of the Bihar and Orissa Public

Patna High Court CWJC No.4973 of 2024(2) dt.01-08-2024 2/2 Demands Recovery Act, 1914. The petitioner shall approach the Certificate Officer for providing him the material and documents filed in the certificate case so as to enable him to file his objections.

4. After receipt of the objections filed by the petitioner, the Certificate Officer shall pass a reasoned order under Section 10 of the Act. Till such time the final orders are passed, no coercive steps to be taken against the petitioner.

5. With the above direction, the present writ petition stands disposed of.

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