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Patna High CourtCWJC/20039/2018disposed

Kameshwar Prasad v. The State Of Bihar And ORS

2018-10-29Mr. Justice Mohit Kumar Shah1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20039 of 2018 ====================================================== Kameshwar Prasad, S/o Late Ram Kishun Singh, resident of village-Ganga Bigha, P.S. Karai Parshurai, District-Nalanda .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Anant Kumar-1 For the Respondent/s : Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-10-2018 After some argument, the learned counsel for the petitioner seeks liberty to file an objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 before the learned Certificate Officer.

In view of the aforesaid, the present writ petition is disposed off as withdrawn with liberty to the petitioner to file objection under Section 9 of the Act, 1914 and in case such an objection is filed within a period of six weeks from today, the Certificate Officer shall be obliged to consider the same and pass a final order in the ongoing certificate proceedings.

It is further directed that till the passing of the final order no coercive steps shall be taken against the petitioner herein. However, it is clarified that in case no such objection is filed within a period of six weeks from today, the Certificate Officer shall proceed ex parte. (Mohit Kumar Shah, J) S.Sb/- U