PATNA HIGH COURT ISSUES JUDGEMENT ON HARIHAR MAHTO V/S THE MANAGING DIRECTOR AND OTHER

PATNA, India, Sept. 1 -- Patna High Court issued the following judgment on Aug. 1:

1. The Writ petition is filed for the following reliefs:

"(i) That the entire proceeding in the Certificate Case No. 36/2018-19 pending in the Court of Learned Certificate Officer, Aurangabad be quashed.

(ii) That the notice of certificate debtor dated 05.04.2018 contained in Annexure -'4' issued by the Court of District Certificate Officer may be quashed.

(iii) That the Letter no. 858 dated 09.08.2018 contained in Annexure-' 5' issued by the court of Zila Nilam Patra Padadhikari, Aurangabad (Zila Nilam Shakha) may be quashed.

(iv) That the respondents may be directed not be take any coercive step against the petitioner.

(v) That any other relief or relieves may be allowed which will be just proper and equitable in the opinion of this Hon'ble Court.

2. 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.

3. 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.

4. 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 fresh objections under Section 9 before the concerned authority within a period of four weeks from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act.

5. 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.

6. 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.

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

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