Chaman Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.16139 of 2015 dt.15-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16139 of 2015 =========================================================== Chaman Sah Son of Late Arjun Sah At + P.O. - Ratanganj, Sukatia Bazar, Police Station - Gopalpur, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Collector, Bhagalpur

3. The District Certificate Officer cum Sub divisional Officer, Naugachhia, District - Bhagalpur.

4. The Branch Manager, UCO Bank, Tulsipur Jamunia Branch, District - Bhagalpur.

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Respondent/s : Mr. R.N. PRASAD- SC9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-12-2015 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondents concerned to cancel the body warrant issued against the petitioner in Certificate Case No.47 of 2012-13 and not to take any coercive steps for recovery of the dues for the time being.

3. It is submitted on behalf of the petitioner that the petitioner is prepared to make payment of the entire dues in reasonable instalments.

4. In view of the stand of the petitioner and in the interest of justice, let the petitioner approach the Certificate Officer within a

Patna High Court CWJC No.16139 of 2015 dt.15-12-2015 period of two weeks from today with an appropriate representation for fixing the schedule of proposed payment in instalments, which shall be disposed of on its own merits expeditiously in accordance with law.

5. If the petitioner represents as aforesaid, the Certificate Officer, Naugachia, District Bhagalpur shall not resort to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 47 of 2012-13 until disposal of such representation.

6. It is made clear that in case the Certificate Officer permits payment in instalments, the petitioner shall adhere to the same and in case of any failure or delay, the Certificate Officer shall be at liberty to proceed for recovery of the remaining dues in accordance with law.

7. The writ petition stands disposed of.

(Vikash Jain, J) Chandran U