Yogendra Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13060 of 2016 ====================================================== Yogendra Choudhary son of Moti Choudhary resident of Village- Panchayat + P.O.- Ababkarpur Kauwahi, P.S.- Patepur, District- Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar, Patna.

2. The Director, Panchayati Raj Department, Bihar, Patna.

3. The District Panchayati Raj Officer, Vaishali, Hajipur.

4. The Collector, Vaishali, District- Vaishali.

5. The Certificate Officer-cum-Additional Collector, District- Vaishali.

6. The Deputy Development Commissioner-cum-Chief Executive Officer, District Parishad, Vaishali at Hajipur.

7. The Sub-Divisional Officer, Mahnar, Vaishali.

8. The Deputy Collector, Land Reforms, Mahnar, Vaishali.

9. The Block Development Officer-cum-Executive Officer, Panchayat Samiti, Prakhand Deshri, Vaishali.

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Respondent/s :

Mr. Pushkar Narain Shahi, AAG-6 Mr. Manish Kumar, A.C. to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2018 After some argument, the learned counsel for the petitioner seeks to withdraw the present writ petition with liberty to file objection under Section 9 of the Bihar & Orissa Public Demand Recovery Act, 1914 in the ongoing Certificate Case, pending before the Certificate Officer, Vaishali at Hajipur. At this juncture, the learned counsel for the petitioner has also raised an issue to the effect that the notice issued to the petitioner under Section 4 of the Bihar & Orissa Public Demand Recovery Act, 1914, itself is not valid inasmuch as before

Patna High Court CWJC No.13060 of 2016(2) dt.03-12-2018 2/2 initiation of any proceeding against a public representative, show cause is necessary, which has not been given in the present case, hence it is prayed that the Certificate Officer may also decide the said issue while disposing of the objection. Having regard to the submissions made by the learned counsel for the petitioner, the present writ petition is disposed of as withdrawn with liberty to the petitioner to file an objection under Section 9 of the Bihar & Orissa Public Demand Recovery Act, 1914 whereafter the Certificate Officer shall pass the final order under Section 10 of the Bihar & Orissa Public Demand Recovery Act, 1914, considering the aforesaid issue raised by the petitioner herein as also the judgment rendered by this Court, reported in 2016(3) PLJR 898 (Dilip Kumar Singh vs. State of Bihar & ors.).

Till the passing of the final order by the Certificate Officer, it is directed that no coercive steps shall be taken against the petitioner herein.

(Mohit Kumar Shah, J) S.Sb/- U