Disposed

Ratnesh Kumar v. The State Of Bihar and Ors.

Patna HC29 Nov 2018CWJC/727/2017

Case brief

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What is this about?

The Patna High Court quashed an order dated 28.05.2016 passed by the Certificate Officer, Munger, as perverse and without application of mind. The court disposed of the writ petition as withdrawn, directing the officer to pass a final order considering the petitioner's objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914, and restraining coercive steps until then.

What did the court decide?

Quashed the order dated 28.05.2016 passed by the Certificate Officer. The petition was disposed of as withdrawn with a direction to the Certificate Officer to consider the objection filed under Sectio

Ratnesh Kumar Vs The State Of Bihar and Ors. — Public Procurement and Tenders | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.727 of 2017

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Ratnesh Kumar son of Late Ram Raksha Singh, resident of village- Adalpur, P.O. Amari, Block-Dharhara, District-Munger

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... ... Petitioner/s

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Versus

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The State Of Bihar & Ors

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============== Appearance :	... ... Respondent/s ========================================
For the Petitioner/s	: Mr. Sanjeev Ranjan
For the State	: Mr. Alok Kumar Ranjan, AC to AAG-5
For the BSFC ==============	: Mr. Shailendra Kumar Singh ========================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 29-11-2018

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Admittedly, the petitioner was not a party to C.W.J.C.

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No. 5638 of 2011. Hence, any order passed in the said case is not applicable to the petitioner herein.

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In such view of the matter, the order dated 28.05.2016 passed by the Certificate Officer, Munger in Certificate Case No. 8 of 2012-13 is perverse and has been passed without application of mind, hence, is quashed.

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At this juncture, the learned counsel for the petitioner seeks a direction upon the Certificate Officer, Munger to consider the objection already filed by the petitioner herein under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 and till the passing of the final order, seeks protection.

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In view of the limited submission made by the learned

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Patna High Court CWJC No.727 of 2017(2) dt.29-11-2018 2/2

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counsel for the petitioner, the present writ petition is disposed of as withdrawn with a direction to the Certificate Officer, Munger to pass a final order in Certificate Case No. 8 of 2012-13 after considering the objection already filed by the petitioner and till the time, the final order is passed by the Certificate Officer, Munger, no coercive steps shall be taken against the petitioner for realization of the outstanding dues.

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(Mohit Kumar Shah, J)

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ajay gupta/-

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Ratnesh Kumar v. The State Of Bihar and Ors.

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Ratnesh Kumar v. The State Of Bihar and Ors.

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