Chunchun Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4197 of 2017 ====================================================== Chunchun Jha Son of late Hari Kat Jha Resident of Village- Telhara Kalan, Station- Kundwa Chainpur, District- East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary , Food and Civil Supply Govt. of Bihar, Patna.

2. The Sub Divisional Officer, Sikarahna, Dhaka, East Champaran.

3. The District Manager, State Food Nigam, Motihari.

4. The Assistant Goddan Manager, State Food Nigam, Motihari.

5. The District Certificate Officer, East Champaran, Motihari.

6. The Block Supply Officer Cum Karketing Officer, Dhaka, East Champaran, Motihari.

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Respondent/s :

Mr. Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-12-2018 After some arguments, the learned counsel for the petitioner seeks liberty to approach the Certificate Officer as also seeks a direction upon the Certificate Officer to pass final order under Section 10 of the Bihar & Orissa Public Demands Recovery Act, 194.

In view of the short submission made by the learned counsel for the petitioner, the present writ petition is disposed of with liberty to the petitioner to file objection under Section 9 of the Bihar & Orrisa Public Demands Recovery Act, 1914, if not already filed, within a period of four weeks from today, which shall be considered by the Certificate Officer and a final order

Patna High Court CWJC No.4197 of 2017(2) dt.18-12-2018 2/2 shall be passed under Section 10 of the Bihar & Orissa Public Demand Recovery Act, 1914.

It is needless to state that in case the petitioner has already filed an objection under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914, the Certificate Officer, East Champaran, Motihari shall pass the final order in connection with Certificate Case No. 02/ Khadan/16-17. Till passing of the final order, no coercive steps shall be taken against the petitioner herein.

It is further directed that in case the petitioner has not filed objection under Section 9 of the Act, 2014, he shall do the same within a period of four weeks from today, failing which the Certificate Officer shall proceed ex parte. (Mohit Kumar Shah, J) Tiwary/- U