Anil Kumar Pandey v. The State Of Bihar And ORS
Patna High Court CWJC No.14816 of 2013 dt.25-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14816 of 2013 =========================================================== Anil Kumar Pandey S/O Sri Rameshwar Pandey Resident of Village Barheyan, P.S- Birganj, District- Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Collector, Siwan, District- Siwan.
3. The Certificate Officer, Siwan, District- Siwan.
4. The National Insurance Company Ltd. Branch Office Shahi Building Cinema Road, Gorakhpur, (U.P) At Present Babuniya Road, Siwan, District- Siwan. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the State : Mr. Raghwanand,GA XI Mr. Rajan, AC to GA XI For the Ins. Company : Mr. Ashok Priyadarshi, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-10-2018 The present writ petition has been field for quashing the final order dated 10.07.2012 passed in Certificate Case No. 7/2003-04 arising out of judgment and award passed on 27.02.2003/08.04.2003 in Claim Case No. 24 of 1999 by the learned Additional District Judge 3rd-cum-Claim Case Tribunal, Gopalganj; and for connected reliefs.
2. At the very outset this Court takes note that the petitioner has adequate remedy by way of appeal under Section 60 of the Bihar and Orissa Public Demands Recovery Act is available against the impugned order passed by the Certificate Officer. The petitioner fairly accepts that such remedy is available.
Patna High Court CWJC No.14816 of 2013 dt.25-10-2018
3. In the above view of the matter, this Court is not inclined to enter into the merits of the matter. The writ petition is disposed of with liberty to the petitioner to file an appropriate appeal against the order of the Certificate Officer.
4. It is made clear that in case such an appeal is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner while considering any issue relating to condonation of delay, if applicable.
(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 25.10.2018 Transmission Date NA