Ravindra Yadav vs State of Bihar

G. Anupama Chakravarthy, J

The petitioner has filed the Writ petition for the following reliefs:-

That this writ application is being filed by the petitioner in the nature of Certiorari to quash the order dated 03.10.2017, passed by the District Certificate Officer, Madhepura in Certificate Case No. 02 of 2016-17, by which order, accepted the claim of plaintiff/respondent i.e. Circle Officer, Ghailarh and issued Certificate/decree against the petitioner and directed him to deposit the dues amount of Rs.16,27,417/- within 15 days from the date of order.

At the outset, the Learned counsel for the petitioner seeks indulgence of this Court to grant liberty to file fresh objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 and direct the authority to pass necessary orders duly taking into account the objections filed by the petitioner.

The Learned counsel for the respondents submitted that he has no objection, if a direction is given to the concerned authority to pass necessary orders under Section 10 of the Act duly taking into account the objections filed by the petitioner.

Having regard to the above made submissions, without going into the merits or demerits of the case, the present writ petition is disposed of granting liberty to the petitioner to file objections under Section 9 before the concerned authority within a period of eight weeks from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act.

It is needless to mention that before passing any order, the authority concerned shall give an opportunity of hearing to the petitioner. Any order passed shall be communicated to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of three months from the date of filing of the objections by the petitioner.

Till the passing of the final order by the Certificate Officer, it is directed that no coercive steps shall be taken against the petitioner herein.

Interlocutory Application(s), if any, shall stand disposed of.