Shatrughan Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17726 of 2022 ====================================================== Shatrughan Bhagat Son of Late Lakshmi Bhagat, Resident of Village-Kankar, P.O.-Bishanpur Bazar, Police Station-Kumar Khand, District-Madhepura. ... ... Petitioner
Versus
1.
The State of Bihar through the Collector, Madhepura 2.
The District Certificarte Officer, Madhepura. 3.
The Uttar Bihar Gramin Bank, Kuamr Khand, P.S.-Kumar Khand, DistrictMadhepura. 4.
The Branch Manager, Uttar Bihar Gramin Bank, Kuamr Khand, P.S.-Kumar Khand, District-Madhepura ... ... Respondent ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha No.2 For the State :
Mr. Ravi Ranjan, AC to SC-22 For the Bank :
Mr. Prashar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 14-03-2023 The petitioner challenges the order dated 09.11.2022 annexure - 6 whereby the recovery proceedings have been initiated and the original certificate has also been issued as against the petitioner. Against the said order, appeal lies under the Bihar and Orissa Public Demands Recovery Act, 1914. Since the petitioner has not availed the statutory remedy available of filing of an appeal in terms of Statutory provision under Section 60 where appeal can be preferred against the order passed by the Assistant Commissioner or Deputy Collector to the Collector and if the
Patna High Court CWJC No.17726 of 2022 dt.14-03-2023 2/2 order is passed by the Collector to the Commissioner, the petitioner is left free to take up all his objections and grounds by preferring an appeal before the Commissioner. If such an appeal is preferred within a period of one month from today, the same shall be entertained without delving on the question of limitation and shall be decided expeditiously preferably within a period of three months thereafter.
The writ petitions stands disposed of.
(Sanjeev Prakash Sharma, J) gauravkr/- AFR/NAFR CAV DATE Uploading Date Transmission Date