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Patna High CourtCWJC/20734/2021disposed

Kishore Kumar Chaudhary, v. The State Of Bihar

2022-02-24The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20734 of 2021 ====================================================== Kishore Kumar Chaudhary, S/o Late Bijaykant Chaudhary, R/o Mohalla-Naya Tola, Bhikhanpur, Firangi Roy Lane, Police Station-Kotwali, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Accountant General, Bihar, Patna.

3.

The Collector/District Magistrate, Gaya.

4.

The Block Development Officer, Nimchak, Bathani, Gaya. 5.

The District Certificate Officer, Gaya.

6.

The Senior Accounts Officer, Bihar, Patna.

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

For the Petitioner/s :

Mrs.Mahasweta Chatterjee, Advocate For the Respondent/s :

Mr.Ajay Kumar Rastogi, AAG-10 Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-02-2022 Petitioner has prayed for the following relief(s): "(i) That an appropriate writ may be issued quashing the whole proceeding of the Certificate Case No. 01/2021-22 Audit.

(ii) That an appropriate writ may be issued quashing the Letter No. 1086 dated 02/11/21 issued by the Block Development Officer as contained in

Patna High Court CWJC No.20734 of 2021(2) dt.24-02-2022 2/3 Annexure-13 by which he has sanctioned to proceed with the Certificate Case against the petitioner.

(iii) That an appropriate writ may be issued commanding upon the respondent no. 5 the District Certificate Officer Gaya not to proceed with the Certificate Case No. 01/2021-22 against the petitioner during the pendency of this instant writ application.

(iv) Any other relief/reliefs for which the petitioner is found entitled to."

After the mater was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law, including the provisions of the Public Demand Recovery Act, 1914.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

In the meanwhile, no coercive action shall be taken

Patna High Court CWJC No.20734 of 2021(2) dt.24-02-2022 3/3 against the petitioner.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U