Patna High CourtCWJC/827/2018disposed

Rama Shankar Singh @ Shankar Singh v. The State Of Bihar And ORS

2018-09-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.827 of 2018 ====================================================== Rama Shankar Singh @ Shankar Singh, S/o Haribansh Yadav, resident of Village- Sarangpur, P.S.- Bhabua, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, of Mines and Mineral Department, Govt. of Bihar, Patna.

2. The District Magistrate, Kaimur at Bhabhua.

3. The Certificate Officer, Mines Patna Circle, Patna.

4. The District Mines and Mineral Officer, Kaimur at Bhabua.

5. The Sub Divisional Officer, Kaimur at Bhabua. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the State : Mr. Patanjali Rishi, A.C. to AAG-6 For the Respondents 1 & 4: Mr. Naresh Dixit Mr. Brij Bihari Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2018 The present writ petition has been filed for quashing the order passed by the Certificate Officer, Mines, Patna Circle, Patna in Certificate Case No. 9 of 2014-15, whereby and where under non-bailable warrant of arrest has been issued against the petitioner without issuing proper summons/notice. In view of the limited scope of the present writ petition, the learned counsel for the petitioner prays that the present writ petition be disposed off with liberty to the petitioner to approach the Certificate Officer.

In view of the aforesaid, the present writ petition is disposed of with liberty to the petitioner to file a detailed representation/objection within a period of three weeks from today whereafter the Certificate Officer shall adjudicate the matter, in accordance with law.

Patna High Court CWJC No.827 of 2018 (2) dt.10-09-2018 2/2 In the meantime, it is directed that no coercive step shall be taken against the petitioner herein. However, if the petitioner does not file the requisite objection within a period of three weeks from today, the Certificate Officer shall proceed ex parte. (Mohit Kumar Shah, J) S.Sb/- U