Shatrughan Bhagat vs The State Of Bihar
2023 Latest Caselaw 973 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.17726 of 2022
     ======================================================

Shatrughan Bhagat Son of Late Lakshmi Bhagat, Resident of Village-Kankar, P.O.-Bishanpur Bazar, Police Station-Kumar Khand, District-Madhepura.

... ... Petitioner Versus

1. The State of Bihar through the Collector, Madhepura

2. The District Certificarte Officer, Madhepura.

3. The Uttar Bihar Gramin Bank, Kuamr Khand, P.S.-Kumar Khand, District-

Madhepura.

4. The Branch Manager, Uttar Bihar Gramin Bank, Kuamr Khand, P.S.-Kumar Khand, District-Madhepura

... ... Respondent ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha No.2 For the State : Mr. Ravi Ranjan, AC to SC-22 For the Bank : Mr. Prashar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT

Date : 14-03-2023

The petitioner challenges the order dated 09.11.2022

annexure - 6 whereby the recovery proceedings have been initiated

and the original certificate has also been issued as against the

petitioner. Against the said order, appeal lies under the Bihar and

Orissa Public Demands Recovery Act, 1914. Since the petitioner

has not availed the statutory remedy available of filing of an

appeal in terms of Statutory provision under Section 60 where

appeal can be preferred against the order passed by the Assistant

Commissioner or Deputy Collector to the Collector and if the Patna High Court CWJC No.17726 of 2022 dt.14-03-2023

order is passed by the Collector to the Commissioner, the

petitioner is left free to take up all his objections and grounds by

preferring an appeal before the Commissioner. If such an appeal is

preferred within a period of one month from today, the same shall

be entertained without delving on the question of limitation and

shall be decided expeditiously preferably within a period of three

months thereafter.

The writ petitions stands disposed of.

(Sanjeev Prakash Sharma, J) gauravkr/-

AFR/NAFR CAV DATE Uploading Date Transmission Date