Ram Shankar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15178 of 2015 =========================================================== Ram Shankar Sah son of Ram Sundar Sah resident of village - Dharni Chapra, Police Station - Mairwa, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Certificate Officer, Siwan.

3. The District Treasury Officer, Siwan.

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

For the Petitioner : Mr. Ajay Kumar Tiwary, Advocate For the Respondent : Mr. Ajay Kumar AC to GP-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-09-2018 The present writ petition has been filed for a direction to the respondents to accept the objection of the petitioner under Section 9 of the Public Demand Recovery Act (for short 'the PDR Act') in Certificate Case No. 67 of 2007-08 in terms of the order dated 06.05.2010 passed in CWJC No. 17208 of 2008 (Ram Shankar Sah vs. the State of Bihar and others).

2. Learned counsel for the petitioner invites reference to the order dated 06.05.2010 passed in CWJC No. 16861 of 2008 granting four weeks' time to file his objection petition under Section 9 of the PDR Act. It is stated that soon thereafter, it was detected that the petitioner was suffering from Tuberculosis and was admitted in B.S.D. Hospital, Siwan upto 19.07.2011. Learned counsel for the petitioner states that the petitioner is prepared to make payment of the entire outstanding amount in reasonable instalments.

Patna High Court CWJC No.15178 of 2015 dt.17-09-2018

3. Learned counsel for the respondents points out that even though the petitioner was discharged from the hospital as far back as in mid 2011 itself, no attempt was made by him to file his objection petition before the Certificate Officer and the present petition has also been filed after an inordinate delay in the year 2015.

4. Having regard to the nature of the grievance of the petitioner, I am of the view that the ends of justice will be met if the petitioner is directed to approach the Certificate Officer with a proposal for making payment of the outstanding dues. If any such proposal is filed within a period of three weeks' from today, the same shall be considered and disposed of by the Certificate Officer on its own merits, in accordance with law.

5. The writ petition stands disposed of.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 22.09.2018 Transmission Date NA