Shambhu Sharan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10538 of 2021 ====================================================== Shambhu Sharan Sharma Son of Adya Prasad Singh, resident of Village - Manjhaul, Police Station- Chiraiya Bariyarpur, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate-cum-Collector, Patna. 2.

The Certificate Officer-cum-Additional Collector Disaster Management, Patna.

3.

The United India Insurance Company Limited, Divisional Office - I, Times of India Building, Frazer Road, Patna through its Divisional Manager. 4.

The Divisional Manager, United India Insurance Company Limited, Divisional Office - I, Times of India Building, Frazer Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 07-02-2022 Though the present petition has been filed for quashing the notice dated 21.08.2019 issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 in Certificate Case No. 2 of 2019-20 by the learned Certificate Officer-cum-Additional Collector, Disaster Management, Patna but the learned counsel for the petitioner has, at the outset, sought liberty to file objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914, however, he submits that the respondent no. 2 be directed to consider the objection, to be filed by the petitioner and pass the final order

Patna High Court CWJC No.10538 of 2021(2) dt.07-02-2022 2/2 under Section 10 of the Bihar and Orissa Public Demand Recovery Act, 1914 within a stipulated time frame. The learned counsel appearing for the respondents has got no objection to the aforesaid proposal of the learned counsel for the petitioner.

Having regard to the limited prayer made by the learned counsel for the petitioner, we deem it fit and proper to dispose off the present petition with liberty to the petitioner to file objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 within a period of four weeks from today and in case such an objection is filed, the same shall be disposed off by a reasoned and a speaking order, by the learned Certificate Officer-cum-Additional Collector, Disaster Management, Patna within a period of six weeks thereafter. It is needless to state that till the passing of the final order by the Certificate Officer, no coercive steps shall be taken against the petitioner.

(Rajan Gupta, J) (Mohit Kumar Shah, J) S.Sb/- U