Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8372 of 2024 ====================================================== Tarun Kumar Son of Ramlakhan Prasad, Resident of village- Garju Bigha, P.O. and P.S.- Gararu, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The District Magistrate -cum- Collector, District- Gaya. 3.

The District Education Officer, District - Gaya. 4.

The District Nilam Patra Padadhikari -Cum- Certificate Officer, District - Gaya.

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

For the Petitioner/s :

Mr. Amitabh Sohan For the Respondent/s :

Mr. Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-11-2024 Having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing an appeal against the order of the Certificate Officer i.e., the respondent No. 4 herein passed under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914, this Court is not inclined to entertain the present writ petition. The present writ petition is disposed of at the stage of admission with the consent of both the parties granting liberty to the petitioner to approach before the appellate authority challenging the order dated 19.07.2023 (Annexure-P/5) within a period of four weeks from today. On such appeal being filed, the same shall be entertained and necessary orders passed on merits in accordance with law. It is

Patna High Court CWJC No.8372 of 2024(3) dt.22-11-2024 2/2 needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner. In case the petitioner is so advised, he is free to file an interlocutory application seeking stay of the impugned order. It is made clear that this Court has not gone into the merits of the case and leaving all issues to be adjudicated by the parties before the appellate authority.

2. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U