The Patna High Court allowed a writ petition quashing an ex parte order dated 10.08.2022 that directed the blacklisting of the petitioner and initiation of FIR proceedings due to lack of notice and hearing.
Order dated 10.08.2022 set aside; liberty reserved to respondent to initiate fresh proceedings after giving hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12960 of 2022
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Janki Enterprises through its Proprietor Sachin Kumar Chaubey, aged about 36 years, Male, son of Late Vinod Chaubey, resident of Village Raghunathpur, P.S. Ramgarhawa, District East Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Ranjan For the Respondent/s : Mr. Vinay Kirti Singh (GA2)
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 26-06-2023
Through the instant petition, the petitioner has prayed
for the following reliefs:
Patna High Court CWJC No.12960 of 2022 dt.26-06-2023 2/3
“(i) For quashing of the exparte order dated 10.08.2022 issued by the District Magistrate, East Champaran, Motihari as contained in Memo No. 2759, dated 10.08.2022 (Annexure-2) whereby, on the basis of an exparte inspection report, direction for blacklisting of the petitioner, institution of F.I.R. against the petitioner and institution of Certificate Case for recovery of the balance amount along with interest have been directed; and
(ii) Restraining the Respondents from giving effect to the directions contained in the order bearing Memo No. 2759 dated 10.08.2022 (Annexure-2) issued by the District Magistrate, East Champaran, Motihari during the pendency of the present writ application or without the leave of this Hon'ble Court.”
Patna High Court CWJC No.12960 of 2022 dt.26-06-2023 3/3
proceedings after giving ample opportunity of hearing to the petitioner and proceed in accordance with law. The above exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
skm/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | |
| Uploading Date | 27.06.2023 |
| Transmission Date |
1 issue framed by the court
Whether to quash the ex parte order dated 10.08.2022 issued by the District Magistrate directing blacklisting and FIR against the petitioner.
1 provisions across 1 enactments
Janki Enterprises
State of Bihar
Principal Secretary, Rural Development Department
Principal Secretary, Department of Panchayati Raj
District Magistrate, East Champaran
Deputy Development Commissioner, District East Champaran
P. B. Bajanthri
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
