Nand Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17411 of 2019 ====================================================== Nand Lal Paswan S/o Ram Chandra Paswan, Resident of Village Sarsaila Khurd, PO Sheohar, P.S. Sheohar,Dist.Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar Old Secretariat,Patna 2.

The Collector,Sheohar, Dist.Sheohar 3.

The Deputy Collector Land Reforms-cum-District Certificate Officer, Sheohar,Distt.-Sheohar.

4.

The Managing Director, Bihar State Scheduled Castes Co-Operative Development Corporation, Budha Colony, Patna-800001 5.

Shyamali Das,District Executive Officer, Bihar State Schedule Caste Cooperative Development Corporation, Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manendra Kumar Sinha, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) Mr. Saurabh Kumar, A.C. to S.C.19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-10-2019 Learned counsel for the petitioner submits that petitioner is ready to settle the outstanding dues of the Corporation and for this purpose he may be given an opportunity to represent before the Managing Director, Bihar State Scheduled Castes Co-operative Development Corporation, Budha Colony, Patna-800001 (Respondent No. 4). Learned counsel further submits that because a certificate proceeding has already been initiated for recovery of money and a warrant of arrest has been issued in the said certificate proceeding some interim protection may be given to the petitioner so that he

Patna High Court CWJC No.17411 of 2019(2) dt.22-10-2019 2/2 may pursue with the respondent no. 4 towards the settlement of the entire outstanding dues.

Learned Counsel for the Corporation has no objection to the petitioner approaching the respondent no. 4 for settlement of the outstanding amount within a reasonable time and settle the account.

In the given facts and circumstances of the case, this writ application is being disposed off with a direction that for a period of 30 days from today the distress warrant issued against the petitioner shall not be executed.

In the meantime, he will approach respondent no. 4 with a settlement proposal and shall submit the same for consideration which will be considered by respondent no. 4 in accordance with its policy decision and in accordance with law and endevour shall be made to settle the account with the petitioner within the aforesaid period.

If the petitioner fails to pay the settled amount, the certificate proceeding shall continue.

(Rajeev Ranjan Prasad, J) Rajeev/- U