Manoj Kumar v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9429 of 2022 ====================================================== Manoj Kumar ... ... Petitioner/s

Versus

The State of Bihar & Ors.

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

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Respondent/s :

Mr.Raghwendra Kumar ( Sc 22 ) Mr. Satyanand Sharma, Adv.

Mr. Shailendra Prasad, Adv.

For the State :

Mr. Ravi Ranjan, A.C. to Sc 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-06-2024 The only grievance of the petitioner in the present writ petition is that the Certificate Officer has passed the order impugned without considering the objections filed by the petitioner under Section 9. That the Certificate Officer has issued D.W. (Distress Warrant) against the petitioner, pursuant to which the petitioner was arrested on 07.03.2022. Subsequently by the order dated 04.08.2022 passed by this Court in the present CWJC the petitioner has been released from custody.

2. Learned counsel for the petitioner has stated that the objections filed by the petitioner under Section 9 may be considered by the authority and find orders under Section 10 may be passed.

3. Learned counsel appearing on behalf of the

Patna High Court CWJC No.9429 of 2022(6) dt.25-06-2024 2/3 respondent has stated that he has no instructions as to whether the proceedings are still pending before the authority or not. That in case the objections of the petitioner have not yet been considered till date and final order passed, the authority may be directed to consider the same in accordance with the law and necessary orders passed under Section 10.

4. Having regard to the above made submissions, the present writ petition is disposed of directing the Certificate Officer to consider the objections filed by the petitioner under Section 9 and pass final orders under Section 10 as expeditiously as possible preferably within a period of eight weeks from the date of the receipt of the copy of this order, if not already passed.

5. In case the final orders are already passed, the petitioner shall be communicated the copy of the said order so as to enable him to take remedial steps or file an appeal against the said order within a period of four weeks from the date of communicate the said order. In case the matter is still pending, the authority shall pass necessary order as directed above.

6. Till such time the final orders are passed, no coercive action shall be taken against the petitioner. It is needless to mention that before passing any order an

Patna High Court CWJC No.9429 of 2022(6) dt.25-06-2024 3/3 opportunity of hearing shall be given to all the parties.

7. With the above direction, the writ petition stand disposed of.

(A. Abhishek Reddy , J) Gauravkr/Siddharth U