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Patna High CourtCWJC/15111/2019disposed

Kedar Nath Ram v. The State Of Bihar

2019-10-17Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15111 of 2019 ====================================================== Kedar Nath Ram S/o Late Nageshwar Ram, Resident of Village Chainpur,PO Bela,PS Dariyapur,Dist.Saran at Chapra ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Principal Secretary, General Administration,Bihar,Patna 3.

The Learned Lokayukt, Bihar,Patna 4.

The Director,Agricultural, Bihar,Patna 5.

The Deputy Development Commissioner, Saran at Chapra 6.

The Block Development Officer, Maker,Dist.Saran at Chapra 7.

The District Certificate Officer, Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the Respondent/s :

Mr. Dhurendra Kumar, AC to GP5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

In the nature of the reliefs prayed in the writ application it is being disposed of without inviting any counter affidavit.

The only submission of the petitioner is that the respondent District Certificate Officer, Saran at Chapra be directed to consider his objection filed in Certificate Case No. 3 of 2016-17 and upon consideration to determine the liability. It is submitted that the petitioner undertakes to pay the amount so determined by the Certificate Officer. It is further submitted that

Patna High Court CWJC No.15111 of 2019(2) dt.17-10-2019 2/2 in the meantime the execution of the warrant of arrest may be stayed.

Learned counsel for the State has no objection to the issuance of a direction to the Certificate Officer to consider and dispose of the objection of the petitioner and determine the liability upon consideration thereof.

In the given facts and circumstances of the case, the District Certificate Officer, Saran at Chapra (respondent no. 7) is directed to consider the objection filed by the petitioner and take an appropriate view on that while determining the liability of the petitioner. Once the liability of the petitioner is determined, in terms of his undertaking, the petitioner shall be obliged to pay the said amount within a reasonable time to be fixed by the Certificate Officer.

In the meantime, the execution of warrant of arrest issued against the petitioner shall remain stayed. The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) avin/- U