Shree Badri Vishal Pandey v. The State Of Bihar And ORS

Patna High Court CWJC No.10494 of 2015 dt.29-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10494 of 2015 =========================================================== Shree Badri Vishal Pandey Son of Late Surendra Kr. Pandey Labour Enformcement Officer Rajpur resident of village + P.O. + P.S. - Rajpur, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Labour Department Patna, Bihar.

2. The Assistant Commissioner Labour Department Patna, Bihar.

3. The District Magistrate Buxar. nu

4. The Additional Collector, cum - Certificate Officer, Patna.

5. The Incharge of State Food Corporation Buxar.

6. The Block Development Officer Rajpur, Buxar.

7. Akhilesh Kumar Alok Superivsisor Fishery Department Block Rajpur, District - Buxar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Nath Sinha, Adv For the Respondent/s : Mr. SC23- KUMAR PRIYA RANJAN =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 29-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 23/2015-16 against the petitioner in terms of Section 7 of the Bihar & Orissa Public Demands recovery Act (for short, "the Act") for recovery of the dues amounting to Rs. 18,74,595/- are wholly illegal and liable to be quashed.

3. It is further submitted that the petitioner has already filed an objection petition under Section 9 of the PDR Act, which is pending before the Additional Collector-cum-Certificate Officer, Patna.

4. With the consent of parties, the present writ petition is

Patna High Court CWJC No.10494 of 2015 dt.29-08-2018 disposed of with direction to the Additional Collector-cum-Certificate Officer, Patna to consider and dispose of the objection petition under Section 9 of the PDR Act said to have been filed by the petitioner, if still pending, on its own merits in accordance with law and in terms of Section 10 of the said Act within a period of four weeks from the date of receipt/production of a copy of this judgment.

5. It is made clear that until disposal of such petition, the Additional Collector-cum-Certificate Officer, Patna shall refrain from resorting to any coercive action for recovery of the dues against the petitioner in Certificate Case No. 23/2015-16. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 10.09.2018 Transmission Date NA