Patna High CourtCWJC/19553/2018withdrawn

Rajendra Rai @ Rajendra Prasad v. The State Of Bihar And ORS

2018-10-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19553 of 2018 ====================================================== Rajendra Rai @ Rajendra Prasad, S/o Late Dayali Rai, Resident of VillageSurgahi, P.S.- Tariyani, District- Sheohar. .... .... Petitioner/s

Versus

1. The Block Development Officer, Tariyani.

2. The State of Bihar through the Secretary, Food & Civil Supply Department, Old Secretariat, Patna.

3. The Secretary, Food & Civil Supply Department, Old Secretariat, Patna.

4. The District Magistrate, Sheohar.

5. The Sub Divisional Officer, Sheohar.

6. The Block Supply Officer, Tariyani.

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv. Mr. Dhananjaya Nath Tiwari, Adv.

Miss. Preety Kunwar, Adv.

For the Respondent/s : Mr. Arvind Ujjwal -Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-10-2018 After some arguments, the learned Senior counsel appearing for the petitioner seeks permission to withdraw the present writ petition with liberty to file a fresh objection before the Certificate Officer, Sheohar as well as seeks direction upon the Certificate Officer to consider the objection and dispose of the same by a reasoned and speaking order.

In view of the limited submission of the learned Senior counsel, the present writ petition is disposed of as withdrawn with liberty to the petitioner to file a fresh objection before the Certificate Officer, Sheohar within a period of four weeks from today and in case such objection is filed, the Certificate Officer shall consider the same on merits without being impeded by the issue of limitation as also shall grant an opportunity of hearing to the petitioner herein and pass a reasoned

Patna High Court CWJC No.19553 of 2018 (2) dt.04-10-2018 2 /2 and speaking order thereafter.

It is needless to state that in case no objection is filed by the petitioner within a period of four weeks from today, the Certificate Officer shall proceed ex parte. Till the passing of the final order by the Certificate Officer, no coercive steps shall be taken against the petitioner herein.

At this juncture, the learned Senior counsel submits that the Certificate Officer be directed to furnish a copy of requisition relating to the outstanding dues. In view of the aforesaid submission made by the learned Senior counsel, the Certificate Officer is directed to furnish a copy of the requisition in case the petitioner approaches the concerned Certificate Officer within a period of two weeks from today.

(Mohit Kumar Shah, J) BTiwary/- U