Md. Jawed Rasuli v. The District Magistrate, Munger And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15859 of 2015 ======================================================

1. Md. Jawed Rasuli S/o Late Md. Serfuddin Rasuli, Resident of Purani Ganj Road, Mansari Talle, Front ot Mahavir Asthan, P.S. - Kasim Bazar, P.O. + District -Munger.

.... .... Petitioner/s

Versus

1. The District Magistrate, Munger.

2. The Certificate Officer, Munger.

3. The Branch Manager, Punjab National Bank, Munger. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar, Adv. For the P.N.B : Mr. Kumar Priya Ranjan, Adv. For the Respondent/s : Dr. Anshuman- Sc14 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-10-2015 Heard Mr. Brajesh Kumar, learned counsel for the petitioner, Mr. Kumar Priya Ranjan for the Punjab National Bank and Dr. Anshuman learned S.C. 14 for the State. The petitioner is aggrieved by a notice issued under Section 7 of the Bihar & Orissa Public Demand Recovery Act,1914 (hereinafter referred to as 'the Act') in a Certificate Case No. 346 of 2013-14. According to Mr. Brajesh Kumar, the proceedings are not maintainable and are hit by law of limitation. Having heard learned counsel for the parties and considering the stage at which the certificate proceeding rests, the objection so raised by Mr. Brajesh Kumar can well be raised by the petitioner by filing an objection under Section 9 of 'the Act'.

Patna High Court CWJC No.15859 of 2015 (2) dt.13-10-2015 2/2 The writ petition is thus disposed of with liberty to the petitioner to respond to the notice and raise all issues as raised herein while filing his objections under Section 9 of 'the Act'. (Jyoti Saran, J) Bibhash/- U