Rajesh Kumar Verma vs State Of Bihar And Ors

Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Prem Ranjan Raj, for the State.

The petitioner is aggrieved by the initiation of a proceeding under the Bihar and Orissa Public Demands Recovery Act, 1914. The petitioner stands further aggrieved by the fact that distress-warrant has been issued against him in the Certificate Case No. 3 of 2016-17, even though the proceeding could not have been initiated against him.

The proceeding against the petitioner and two others appears to have begun on the orders passed by the Lokayukta, where though the petitioner was heard, but with a wrong designation.

The amount which is sought to be recovered from the petitioner is an amount which may be recoverable under the Bihar and Orissa Public Demands Recovery Act, 1914 but according to the petitioner, the same cannot be recovered from him.

The petitioner is directed to file his objection petition before the Certificate Officer, East Champaran, Motihari (Respondent No.10) within a period of 60 days, detailing all the grounds which have been raised here. The concerned Certificate Officer shall be under an obligation to look into the entire aspects of the matter and dispose of the representation by a reasoned order within a further period of 60 days.

Till the time the objection petition preferred by the petitioner is disposed of, no coercive steps shall be taken against him.

With the aforesaid observation / direction, this petition stands disposed of.

The Interlocutory Application also stands disposed of in view of the order passed in the main writ petition.