Shambhu Bhardwaj @ Kumar Shambhu Bhardwaj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5131 of 2018 ====================================================== Shambhu Bhardwaj, S/o Devendra Prasad Singh, Resident of Village+ P.O.+ P.S.- Bandeya, District- Aurangabad. Presently working as Block Welfare Officer, Block- Karpi, P.S.- Karpi, District- Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar through Department of Food and Consumer Protection, Govt. of Bihar, Patna.

2. The District Collector, District Arwal.

3. The District Manager, State Food Corporation, District Arwal.

4. The Certificate Officer, District Arwal.

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

For the Petitioner/s : Mr. Krishna Mohan Mishra For the Respondent/s : Mr. Arvind Ujjwal Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2018 The petitioner, by way of the present writ petition, has challenged the notice under Section 7 of the Bihar & Orissa Public Demand and Recovery Act (hereinafter referred to as "the Act"), issued pursuant to the institution of certificate case No.1/2017-18.

The short issue raised by the learned counsel for the petitioner is that the petitioner may be permitted to file an objection under Section 9 of the Act and pending adjudication of the said objection, the certificate amount be directed to be kept in abeyance.

In view of the limited prayer of the petitioner, the present writ petition is disposed of with a liberty to the petitioner

Patna High Court CWJC No.5131 of 2018 (3) dt.24-05-2018 2/2 to file an objection under Section 9 of the Act within a period of two weeks from today and in case such objection is filed within the aforesaid period of two weeks, the respondent no.4 shall adjudicate upon the same and pass a final order. It is needless to state that till the final order, as aforesaid, is passed by the respondent no.4, the certificate amount is directed to be kept in abeyance.

The writ petition is disposed of.

(Mohit Kumar Shah, J) BTiwary/- U