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Patna High CourtCWJC/608/2020disposed

Ashok Kumar, v. The State Of Bihar

2020-02-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.608 of 2020 ====================================================== Ashok Kumar, S/o Lalit Prasad, R/o Murarpur, Katari, Sheikhpura, P.S.- Katari, District- Sheikhpura at present residing at Radha Nagar, Road No. 24 J Rajiv Nagar, P.S.- Rajiv Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Govt. of Bihar, patna.

2.

The Addl. District Magistrate, Special Programme cum Certificate Officer, Patna.

3.

The Executive Engineer, Rural Works department, Works Division, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Respondent/s :

Mr.Smt. Archana Meenakshee ( Gp6 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 18-02-2020 1.

The present writ petition has been filed for quashing the order dated 16.08.2019, whereby and whereunder the petitioner has been directed to deposit the Certificate amount totaling to a sum of Rs. 13,17,478/-.

2.

The learned counsel for the petitioner has submitted that the petitioner has already filed an objection on 08.11.2019, however without adjudicating upon the same, the Certificate Officer is forcing the petitioner to pay the certificate amount, hence appropriate direction be issued. 3.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned

Patna High Court CWJC No.608 of 2020 dt.18-02-2020 2/2 counsel for the parties, I deem it fit and appropriate to direct the Certificate Officer i.e. the respondent no. 2 to pass the final order under Section 10 of the Bihar & Orissa Public Demand Recovery Act, 1914 after considering the objection already filed by the petitioner under Section 9 of the said Act, 1914 within a period of eight weeks from today. It is needless to state that till the passing of the final order by the Certificate Officer, Patna in connection with Misc. Case no. 324 of 2018, no coercive steps shall be taken against the petitioner herein. 4.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.02.2020 Transmission Date NA