Binay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 396 of 2021 ====================================================== Binay Kumar Jha Son of Late Deo Narayan Jha, resident of Village - Madhepur, P.S. Madhepur, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The Superintendent of Police, Madhubani.

4.

The District Certificate Officer, Madhubani.

5.

The Block Development Officer, Madhepur, District - Madhubani. 6.

The Secretary, Lokayukta, Bihar, Patna.

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Adv.

For the Respondent/s :

Mr. Sanjay Parasmani, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2021 The present writ petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Though the present writ petition has been filed for directing the District Magistrate, Madhubani to dispose of the certificate appeal no. 39 of 2020-21 within a stipulated time frame, but then, it has also been prayed that till the disposal

Patna High Court CWJC No.396 of 2021(2) dt.21-09-2021 2/3 of the appeal, the warrant of arrest issued against the petitioner be stayed, however, the learned counsel for the petitioner has submitted that the petitioner has already filed a stay petition in the pending appeal no. 39 of 2020-21, before the District Magistrate, Madhubani, to stay the warrant of arrest issued against the petitioner, hence, the District Magistrate, Madhubani be at least directed to dispose of the said stay petition and till then, the respondents be directed not to take any coercive steps.

The learned counsel for the RespondentState, Sri Sanjay Parasmani (AC to GP-4), submits that the District Magistrate, Madhubani, shall definitely pass appropriate orders on the said stay petition filed by the petitioner in the pending appeal no. 39 of 2020-21, within the time period, as may be stipulated by this Court.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with a direction to the District Magistrate, Madhubani to pass appropriate orders

Patna High Court CWJC No.396 of 2021(2) dt.21-09-2021 3/3 expeditiously, on the stay petition filed by the petitioner in the pending appeal no. 39 of 2020-21, in accordance with law and in the meantime, it is directed that no coercive steps shall be taken against the petitioner herein.

(Mohit Kumar Shah, J) Ajay/- U