Md Shibli vs The State Of Bihar
2023 Latest Caselaw 1124 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1861 of 2023
     ======================================================

Md Shibli S/o Late Md. Shafique Ahamd, Resident of Village and P.O. and P.S. Bahera, District- Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar through D.M. Darbhanga.

2. Block Panchayat Raj Officer, Darbhanga.

3. Block Development Officer Tardih, Dist.- Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shahnawaz Ali, Adv. For the State : Mr. Archana Meenakshee, GP 6 Mr. Prabhat Ranjan, AC to GP 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

ORAL JUDGMENT

Date : 22-03-2023

1. The petitioner assails the order passed in the

certificate proceeding. After some arguments, learned counsel

for the petitioner submits that the order passed by the Additional

Collector in certificate case is an ex parte order. The petitioner

be allowed to move application under Order 9

Rule 13 of C.P.C. for setting aside the ex parte order as the

petitioner is not responsible for the payment.

2. I have considered the submissions. Provisions

of C.P.C. are wholly applicable in PDR proceedings. In view

thereof, powers under Order 9 Rule 13 are available to the Patna High Court CWJC No.1861 of 2023 dt.22-03-2023

Additional Collector for setting aside an ex parte order. If any

application is moved by the petitioner, giving out cogent reasons

for not being present in the proceedings, the Additional

Collector is expected to pass a speaking order and examine the

matter on merits, if he deems it proper. The petitioner also has a

remedy of preferring an appeal in terms of Section 16 of the

Bihar & Orissa Public Demands Recovery Act, 1914.

3. Keeping in view thereto, the present writ

petition is disposed of.

(Sanjeev Prakash Sharma, J)

Sachin/-

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