Vijay Kumar Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19533 of 2015 =========================================================== Vijay Kumar Sharma Son of Late Shiv Shankar Sharma resident of village - Kabirpar, P.S. Manjhi, P.O. Bangara, District - Saran .... .... Petitioner
Versus
1. The State of Bihar
2. District Magistrate, Saran at Chapra
3. Sub - Divisional Officer, Sadar at Chapra
4. Sub - Divisional Certificate Officer, Sadar at Chapra .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Ajay Kr. Singh No.1, Advocate For the Respondents : Mr. Md. Irshad, AC to SC 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 04-09-2018 The present writ petition has been filed for quashing the notice dated 06.12.2012 issued under Section 7 of the Bihar & Orissa Public Demand Recovery Act (for short, "PDR Act") in Certificate Case no. 05/2012-13 by the respondent no. 4; and further issuance of a direction to the respondents not to take any coercive step against the petitioner.
2. At the very outset, it may be noted that the petitioner is unable to show from the writ petition that any objection was filed under Section 9 of the PDR Act before the Certificate Officer.
3. In the above view of the matter, the present writ petition is disposed of granting liberty to the petitioner to file his objection petition under Section 9 of the Act within a period of three
Patna High Court CWJC No.19533 of 2015 dt.04-09-2018 2/2 weeks from today, which, if done, shall be disposed of by the SubDivisional Certificate Officer, Sadar Chapra (respondent no. 4) on its own merits within a further period of four weeks thereafter in accordance with law and in terms of Section 10 of the said Act.
4. It is made clear that until disposal of such petition, if filed, the Sub-Divisional Certificate Officer, Sadar Chapra shall refrain from resorting to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 05/2012-13. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 14.09.2018 Transmission Date N.A.