Anil Kumar Singh v. The State Of Bihar And ORS
Patna High Court CWJC No.5572 of 2015 dt.25-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5572 of 2015 =========================================================== Anil Kumar Singh son of Late Panchdeo Kunwar, resident of village- Tejoul, P.O.- Baruari, P.S.- Gaighat, District- Muzaffarpur. .... .... Petitioner
Versus
1. The State of Bihar.
2.
The Commissioner-cum-Appellate Authority, Darbhanga Division, Darbhanga.
3. The Collector, Darbhanga, District- Darbhanga.
4. Senior Superintendent of Police, Darbhanga, District- Darbhanga.
5. The Certificate Officer-cum-Additional Collector, Darbhanga, DistrictDarbhanga. .... .... Respondents =========================================================== Appearance :
For the Petitioner : None For the State : Mr. S.K. Mandal, SC-24 Ms. Neelam Kumari, AC to SC-3 For the BSFC : Mr. Shailandra Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-08-2018 The present writ petition has been filed for the following reliefs - "(i) For directing and commanding the respondent to quash the memo no. 183 dated 15.01.2015 (Annexure-4) issued by the respondent no. 3, the Collector, Darbhanga whereby and whereunder distress warrant has been issued against the petitioner under the provisions of Bihar and Orissa Public Demand Recovery Act, 1914 due to nonpayment of dues amount. (ii) Also for such other or further order(s)/direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and to meet the ends of justice."
2. None appears on behalf of the petitioner despite repeated calls.
Patna High Court CWJC No.5572 of 2015 dt.25-08-2018
3. Learned counsel for the respondent-Corporation appears and submits that the writ petition is misconceived inasmuch as there is no infirmity in the action taken by the respondents. The petitioner's objection petition was duly considered and disposed of by a speaking order on 28.06.2015 (Annexure-1) and in view of nonpayment of the petitioner's dues, the impugned order has been passed.
4. Having regard to the submissions of the respondent-Corporation, this Court is not inclined to interfere in the matter. It appears from the averments in the writ petition that Miscellaneous Appeal (Certificate) No. 6/2014 has been filed before the Commissioner, Darbhanga Division, Darbhanga on 14.11.2014 but nothing has been brought on record to indicate the result of such appeal or any interim order has been passed.
5. In the above circumstances, the writ petition stands dismissed.
(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 28.08.2018 Transmission Date N.A.