Raj Kumar Yadav v. The State Of Bihar And ORS

Patna High Court CWJC No.19399 of 2013 dt.23-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19399 of 2013 =========================================================== Raj Kumar Yadav Son Of Sundar Yadav Resident Ofr Village- Matadih, P.S.- Dharhara, District- Munger .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Deputy Development Commissioner, Munger

3. The District Magistrate, Munger

4. The Block Development Officer Block- Dharhara Cum Executive Officer, Panchayat Samiti, Dharhara, District- Munger

5. The Certificate Officer, Munger

6. The Panchayat Secretary, Dharhara Gram Panchayat, P.S.- Dharhara, DistrictMunger

7. The Mukhiya, Dharhara Gram Panchayat, P.S.- Dharhara, District- Munger .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Ms. SUSHMITA MISHRA For the Respondent/s : Mr. ROY SHIVAJI NATH =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-08-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 22/2011-12 against the petitioner in terms of Section 7 of the Bihar & Orissa Public Demands Recovery Act (for short, "the Act") for recovery of the dues amounting to Rs. 13,70,000/- are wholly illegal and liable to be quashed.

3. The immediate concern of the petitioner in this case is that a warrant of arrest has been issued against him in connection with the dues amounting to Rs.13,70,000/- recoverable in terms of the notice dated 27.06.2012 issued by the District Certificate Officer, Munger in Certificate Case No. 22/2011-12.

Patna High Court CWJC No.19399 of 2013 dt.23-08-2018

4. It is further submitted that an objection petition under Section 9 has already been filed which is pending before the Certificate Officer but without disposing of the same, the warrant of arrest has been issued.

5. With the consent of parties, the present writ petition is disposed of with direction to the District Certificate Officer to consider and dispose of the objection petition under Section 9 of the PDR Act said to have been filed by the petitioner, on its own merits in accordance with law and in terms of Section 10 of the said Act within a period of four weeks from the date of receipt/production of a copy of this judgment.

6. It is made clear that until disposal of such petition, if filed, the Certificate Officer, Munger shall refrain from resortng to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 22/2011-12.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2018 Transmission Date NA