Patna High CourtCWJC/17026/2014disposed

Md. Zakiur Rahman v. The State Of Bihar And ORS

2016-12-22Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17026 of 2014 ====================================================== Md. Zakiur Rahman, son of late Matiur Rahman, resident of Khalifapatti, Police Station-Thakurganj, District-Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Kishanganj

3. The Circle Officer, Thakurganj, District-Kishanganj.

4. Absar Alam, son of late Mahmaddin, resident of Mostak Chak, Thakurganj, District-Kishanganj.

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

For the Petitioner/s : Mr. Firoz Ahmad, Adv. For the Respondent nos.1to3 : Mr. Arun Kumar Sinha, AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-12-2016 Heard.

The petitioner has filed the present writ petition assailing the validity and correctness of the notice dated 07.10.2013 issued by the respondent Circle Officer, Thakurganj, as contained in Annexure-1, as also the consequential notices asking the petitioner to appear on the dates fixed with the relevant documents.

From the pleadings in the writ petition, it appears that the matter is still pending before the respondent Circle Officer, Thakurganj, District-Kishanganj and has not been finally decided.

In above view of the matter, this Court is of the opinion that the issues raised on behalf of the petitioner in the present writ petition can very well be raised before the respondent Circle Officer, Thakurganj, where the matter is still pending for final adjudication. However, if the final order is passed by the Circle Officer, Thakurganj, ignoring the objections raised on

Patna High Court CWJC No.17026 of 2014 (2) dt.22-12-2016 behalf of the petitioner, then he shall be at liberty to challenge that order before an appropriate authority/forum/court in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U