Patna High CourtCWJC/17434/2018disposed

Kapil Deo Jha v. The State Of Bihar And ORS

2018-10-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17434 of 2018 ====================================================== Kapil Deo Jha, son of Late Kamla Kant Jha, permanent resident of VillageBhagwanpur, P.S. Rajoun, District- Banka, at present residing at Kausaki Nath Jha Lane, Champanagar, Mohanpur, District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The District Magistrate, Bhagalpur.

3. The District Certificate Officer-cum-District Supply Officer, Bhagalpur.

4. The District Education Officer, Bhagalpur.

5. The Headmaster, Bidya Sagar Smarak Sanskrit High School, Karnagarh, Champanagar, District- Bhagalpur.

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

For the Petitioner/s : Mr. Roshan Kumar Mishra For the Respondent/s : Mr. Jitendra Kr. Roy-1, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2018 The learned counsel for the petitioner at the outset seeks liberty to file objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 and seeks protection in the meantime.

In view of the limited prayer of the petitioner, the present writ petition is disposed off as withdrawn with liberty to the petitioner to file objection under Section 9 within a period of four weeks' from today and in case such an objection is filed, the Certificate Officer, Bhagalpur shall decide the case on merits, considering the objection of the petitioner and pass a detailed

Patna High Court CWJC No.17434 of 2018 (2) dt.01-10-2018 2/2 reasoned and speaking order, in accordance with law. Till the time a final decision is taken by the Certificate Officer, no coercive step shall be taken against the petitioner herein in Connection with Certificate Case No. 4 of 2018-19 pending before the Certificate Officer, Bhagalpur. It is needless to state that in case the petitioner does not file any objection within a period of four weeks from today, the Certificate Officer shall proceed ex parte.

(Mohit Kumar Shah, J) S.Sb/- U