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Patna High CourtCWJC/24152/2018disposed

Jawahar Mishra v. The State Of Bihar And ORS

2024-10-01Justice Smt. G. Anupama Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 24152 of 2018 ====================================================== Jawahar Mishra Son of Late Kuseswar Mishra Resident of Village- Rampur, P.S.- Sangrampur, Distt- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna 2.

The Principal Secretary, Excise Department, Govt. of Bihar, Patna 3.

The Collector cum District Magistrate, Munger 4.

The Superintendent of Excise, Munger 5.

The Certificate Officer, Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Advocate For the Respondent/s :

Mr. Vikash Kumar, Advocate For the State :

Mr. Rewti Kant S. Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 01-10-2024

1. The Writ petition is filed for the following reliefs:- I. For commanding and directing the respondents to set aside the entire proceedings of Certificate Case No. 12/ 2014-15 pending before the Certificate Officer, District Munger.

II. For holding that, there is apparent non-compliance of mandatory provisions of Bihar and Orissa, Public Demand Recovery Act ?

III. For commanding and directing the respondents to stay certificate notice dt.

26.8.2014, issued in Certificate Case No. 12/2014-15.

2. The Learned counsel for the petitioner relied on the judgment of this Court passed in C.W.J.C. No. 17365 of 2018

Patna High Court CWJC No. 24152 of 2018(2) dt.01-10-2024 2/2 dated 17.09.2018 and requested to pass order as per the order of this Court dated 17.09.2018, which is also consented by the Learned counsel for the respondents.

3. Accordingly, the Writ petitions is disposed of with a liberty to file fresh objections within a period of four weeks from today and in case, such an objection is filed within four weeks, then the Certificate Officer shall consider the same and pass final order. It is needless to state that till passing of the final order, no coercive steps shall be taken against the petitioner herein.

4. With the aforesaid observations, the Writ petition is disposed of.

(G. Anupama Chakravarthy, J) Manishkr/- U