IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11250 of 2011
Saheb Singh son of Chandrika Singh, resident of village-Bhawal, Police
Station- Ram Nagar, District- West Champaran (Bettiah).
..... Petitioner.
Versus
1. Central Bank of India through its Branch Manager, Kandhwaliya
having its Head Office at.....
2. The Branch Manager, Central Bank of India, Kandhwaliya Branch
Kandhwaliya, Police Station- Ram Nagar, District-West
Champarana (Bettiah).
3. The District Certificate Officer, West Champaran (Bettiah).
.......Respondents.
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For the petitioner : Mr. Bakshi S.R.P.Sinha, Senior Advocate with
Mr. Lokesh Kumar Singh, Advocate.
For respondent nos.1 &2 : Mr. Ajay Kumar Sinha, Advocate.
For respondent no.3 : Mr. Suman Kumar Jha, Advocate.
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04/ 16.08.2011 Heard learned counsel for the petitioner, learned
counsel for the Central Bank of India and its authority and learned
counsel for the District Certificate Officer, West Champaran.
2. This writ petition has been filed by the petitioner
challenging notice dated 31.03.2011 issued by the Certificate
Officer, West Champaran under Section 7 of the Bihar & Orissa
Public Demands Recovery Act, 1914 in Certificate Case No. 160
of 2010-11 and for other ancillary reliefs.
3. After considering the averments made by learned
counsel for the parties and the materials on record, it is quite
apparent that against the said notice the petitioner should have
filed an objection under Section 9 of the Act before the said
authority who was competent to decide all the issues raised by the
petitioner.
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4. In the aforesaid facts and circumstances, this writ
petition is disposed of with a liberty to the petitioner to file his
objection under Section 9 of the Act along with the requisite as
well as a copy of this order. If such an objection is filed by the
petitioner within fifteen days from today, the said authority shall
decide it on merits in accordance with law within two months
thereafter. Till the said objection is decided no coercive action
shall be taken against the petitioner.
5. However, if the petitioner is aggrieved by the said
order of the authority under Section 10 of the Act, he will be at
liberty to challenge the same before the appellate forum provided
in the Act.
(S. N. Hussain, J.)
Sunil