Ranjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4391 of 2024 ====================================================== 1.

Ranjeet Singh Son of Rajvansh Singh, R/o Vill-Raipurchor, P.S. Badi, DistRohtas. 2.

Rameshwar Kumar, Son of Rajvansh Singh, R/o Vill-Raipurchor, P.S. Badi, Dist-Rohtas (Bihar).

3.

Rajvansh Singh, son of Late Bachcha Singh, R/o Vill-Raipurchor, P.S. Badi, Dist-Rohtas (Bihar). ... Petitioners

Versus

1.

The State of Bihar through the Director, Food Processing Department of Industry, Govt. of Bihar, Udyog Bhawan, Gandhi Maidan, Patna. 2.

The District Magistrate Rohtas at Sasaram.

3.

The Certificate Officer cum District Co-operative Officer, Rohtas at Sasaram.

4.

The Officer Incharge, Police Station Baddi, Sheosagar, Dist-Rohtas, Sasaram. ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Jai Prakash Singh, Adv.

For the Respondents :

Mr.Anil Kumar Verma, AC to AAG IX ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-12-2024 I.A. No. 1 of 2024 For the reasons mentioned in the interlocutory application, I.A. No. 1 of 2024 is allowed.

2. This Writ Petition has been filed against the initiation of the Certificate Proceeding against the petitioner. The petitioner is aggrieved that the Certificate Officer in not granting him the opportunity of filing his objections. Learned counsel has stated that till date no final orders are passed and the petitioner may be permitted to file his objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914, before any final orders are passed under Section 10 of the Act.

Patna High Court CWJC No.4391 of 2024(8) dt.02-12-2024 2/2

3. Having regard to the same the present Writ Petition is disposed of granting four weeks time to the petitioner to file his objection before the Certificate Officer. On such objection being filed the same shall be taken on record and necessary orders under Section 10 of the Act strictly in accordance with law shall be passed.

4. It is needless to observe that before passing any orders, the party shall be given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of 12 weeks thereof.

5. With the above directions, the Writ Petition stands disposed of.

6. Till such time the final orders are not passed, the authorities are directed not to take any coercive action. In case the petitioner does not file his objections within the stipulated time granted by this Court, the authorities are free to take necessary action in accordance with law.

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