Parshuram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11597 of 2022 ====================================================== Parshuram Singh Son of Late Vishwanath Singh, Resident of Village-Malahi Babu Tola, P.O. and P.S.-Malahi, District-East Champaran. As a Partner of M/S Jai Hanuman Cold Storage, Village-Gujrauliya (Malahi), Main Road, Malahi Bazar, Areraj, East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector-cum-District Magistrate, East Champaran at Motihari.

2.

The Authorized Officer, Chief Manager, UCO Bank, Zonal Office, Maurya Lok Complex, 4th Floor, Block A, New Dak Bunglow Road, Patna-800001. 3.

The Branch Manager, UCO Bank Branch, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Tiwari, Advocate For the Respondent/s :

Mr. Sarvesh Kumar, GP 24 Mrs. Sheela Sharma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4

3/4 Impugned order dated 12.08.2021 passed by the Collector, East Champaran at Motihari, to our reading, is in violation of the principles of natural justice. According to the petitioner, no notice was ever issued by the Collector; nor any opportunity of hearing was afforded. The order entails civil consequences and also no appeal

4/4 against the order lies before any appellate authority under the Statute.

In this view of the matter, we quash and set aside the order dated 12.08.2021 (Page-23) passed by the Collector, East Champaran at Motihari with the direction to the parties to appear before the Respondent No. 1, namely, the Collector-cum-District Magistrate, East Champaran at Motihari on 05.09.2022 at 10:30 A.M., who shall, after affording opportunity of hearing to all concerned enabling them to file materials in support of their contentions, decide the issue within a period of two months thereafter.

Parties shall fully cooperate and not take any unnecessary adjournment.

Liberty reserved to the petitioner to challenge the order, should the need so arise subsequently. The petition is disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) Sujit/Ashwini ( S. Kumar, J) AFR/NAFR CAV DATE Uploading Date 22.08.2022 Transmission Date