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Patna High CourtCWJC/1040/2023disposed

Mr. Rajmangal Mishra v. The State Of Bihar

2023-03-15Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1040 of 2023 ====================================================== Mr. Rajmangal Mishra S/o Late Mahakant Mishra, R/o Village - Kushar, Post - Kushar, P.S. - Tariyani, District - Sheohar, Bihar. (843329) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Old Secretariat, Patna. 2.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Old Secretariat, Patna.

3.

The Collector-cum-District Magistrate, Sheohar. 4.

The District Rural Development Agency, Sheohar through the Deputy Development Commissioner, Sheohar.

5.

The Deputy Development Commissioner, Sheohar. 6.

The Certificate Officer cum Sub-Divisional Officer, District Sheohar. 7.

The Block Development Officer, Block Sheohar, District Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. P. Sharma, Advocate Mr. Sri Ram Krishna, Advocate Mr. Prabhat Kumar Singh, Advocate For the State :

Mr. Rama Kant Raman, Advocate, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 15-03-2023 The petitioner by way of this writ petition seeks quashing of the notice dated 12.06.2015 whereby the petitioner has been directed to deposit a sum of Rs. 5,48,000/- and also the notice dated 08.11.2022 issued by the Certificate Officer. The petitioner has a remedy first to take up the objections under Section 9 of the Act. If such objections are raised, the same shall be decided positively within a period of three

Patna High Court CWJC No.1040 of 2023 dt.15-03-2023 2/2 months by the concerned authority before passing a final order. The petitioner would always be at liberty to challenge the final order in terms of the provisions of Bihar and Orissa Public Demands Recovery Act, 1974.

Granting the aforesaid liberty, the writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Gauravkr/- Item No. 26 AFR/NAFR CAV DATE Uploading Date Transmission Date