PATNA, India, Aug. 21 -- Patna High Court issued the following judgment on July 22:
1.The petitioner has filed the Writ petition for the following reliefs:
a.For quashing the certificate no. 3/2016-2017 initiated against the petitioner which is pending before the certificate officer, Banka.
b.Also for quashing the notice issue under section 7 of the Bihar and Orissa Public Demand recovery act 2014 for recovery of Rs. 39,36,855/- against the petitioner.
c. Also for declaring no certificate case being certificate case no. 3/2016-17 is maintainable against the petitioner.
c.Also for necessary relief/ reliefs, order/orders, direction/ directions for which the petitioner will be entitled in the law as well as in the facts of the case.
2.At the outset, the Learned counsel for the petitioner seeks indulgence of this Court to grant liberty to file fresh objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 and direct the authority to pass necessary orders duly taking into account the objections filed by the petitioner.
3.The Learned counsel for the respondents submitted that he has no objection, if a direction is given to the concerned authority to pass necessary orders under Section 10 of the Act duly taking into account the objections filed by the petitioner.
4.Having regard to the above made submissions, without going into the merits or demerits of the case, the present writ petition is disposed of granting liberty to the petitioner to file objections under Section 9 before the concerned authority within a period of four weeks from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act.
5.It is needless to mention that before passing any order, the authority concerned shall give an opportunity of hearing to the petitioner. Any order passed shall be communicated to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of three months from the date of filing of the objections by the petitioner.
6.Till the passing of the final order by the Certificate Officer, it is directed that no coercive steps shall be taken against the petitioner herein.
7. Interlocutory Application(s), if any, shall stand disposed of.
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