Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6763 of 2020 ====================================================== Rajendra Singh Son of Late Ramdev Singh, Proprietor, M/s Stone Mines and Crusher Plant, at Jagarmathpur, P.O. Dharmshala, District-Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna, through its Managing Director. 3.

The General Manager (Ravenue), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

4.

The Electrical Executive Engineer, Electric Supply Division, Gaya Rural, Gaya.

5.

The Collector-Cum-District Magistrate, Gaya.

6.

The District Certificate Officer, Gaya.

7.

The Assistant Electrical Engineer (Revenue), Electric Supply Division, Gaya.

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

For the Petitioner/s :

Mr. Suraj Samdarshi, Advocate For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-07-2020 Heard Mr. Suraj Samdarshi, learned counsel for the petitioner and the learned counsel for the State. The present case is for quashing of the Certificate Case bearing Certificate Case No. 01 of 2019-20, pending before the District Certificate Officer, Gaya on the ground that there has not been any quantification / assessment of the dues of the petitioner. The certificate case is also sought to be quashed on the ground that the application preferred

Patna High Court CWJC No.6763 of 2020(3) dt.06-07-2020 2/2 under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 has not yet been adjudicated by the Certificate Officer and distress warrant has been issued. This Court, under the aforesaid circumstances, directs that the objection petition under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 be considered and disposed off by the Certificate Officer within a period of 60 days of production/receipt of a copy of this order.

Till such time the objection petition is not disposed off, no coercive action shall be taken against the petitioner. After the petition under Section 9 of the Act is disposed off, it would be open for the concerned authority to proceed in the matter.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U