Patna High CourtCWJC/7569/2014disposed

Gyanendra Kumar Sinha v. The State Of Bihar And ORS

2016-01-22Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7569 of 2014 =========================================================== Gyanendra Kumar Sinha S/o - Shri Devki Nandan Singh resident of Mohalla - (Sukriti Niwas) Purabsarai, P.S. - Kotwali, District - Munger. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Certificate Officer-cum-Dy. Director, Mines & Earth, Munger.

3. The District Certificate Officer, Munger.

4. The Assistant Mining Officer, Munger.

.... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Sri Prakash Srivastava, Advocate Ms. Anu Priyadarshini, Advocate Mr. Santosh Bharti, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, SC 24 Mr. Arjun Prakash, AC to SC 24 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 22-01-2016 Heard learned counsel for the petitioner and learned counsel for the Respondent State.

2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 583 of 2008-09 against the petitioner in terms of the Bihar & Orissa Public Demands Recovery Act (for short, "the Act") for recovery of the dues amounting to Rs. 61,74,309/- are wholly illegal and liable to be quashed.

3. The immediate concern of the petitioner in this

Patna High Court CWJC No.7569 of 2014 dt.22-01-2016 case is that warrant of arrest has been issued against him in connection with the dues amounting to Rs. 61,74,309/- recoverable in terms of the notice dated 07.02. 2014 issued by the Certificate Officer (Mines), Munger Division, Munger in Certificate Case No. 583 of 2008-09.

4. It is further submitted that as evident from the entries in the order sheets dated 22.05.2013 and 07.02.2014 that notice under Section 7 of the Act was not served on the petitioner and without awaiting the service report, warrant of arrest has been issued on 03.03.2014. Soon thereafter, on 19.03.2015 the petitioner has filed his objection under Section 9 of the Act which remained pending.

5. With the consent of parties, the present writ petition is disposed of with direction to the Certificate Officer (Mines), Munger Division, Munger to consider and dispose of the objection petition under Section 9 of the Act said to have been filed by the petitioner, on its own merits, if still pending, in accordance with law and in terms of Section 10 of the said Act within a period of four weeks from the date of receipt/production of a copy of this judgment.

6. It is made clear that until disposal of such objection petition, the Certificate Officer (Mines), Munger Division, Munger

Patna High Court CWJC No.7569 of 2014 dt.22-01-2016 shall not resort to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 583 of 2008-09. (Vikash Jain, J) Chandran U