Lal Babu Prasad vs The State Of Bihar & Ors on 3 May, 2011

[Cites 1, Cited by 0]

Patna High Court - Orders

Lal Babu Prasad vs The State Of Bihar & Ors on 3 May, 2011

Bench: S. K. Katriar

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                               LPA No.608 of 2010

                 Lal Babu Prasad, S/O Late Keshav Prasad, R/O Judge
                 Bazar, Behea, Post- Behea, P.S.- Behea, Distt.- Bhojpur
                                                   -------Appellant.
                                         Versus
                 1. The State of Bihar
                 2. The District Magistrate, Bhojpur
                 3. The Sub Divisional Certificate Officer, Jagdishpur,
                 Distt.- Bhojpur
                 4. The State Bank of India, Behia Branch, Distt.-
                 Bhojpur, through its Branch Manager
                 5. The Chief Manager, State Bank of India, Bihia Branch,
                 Distt.- Bhojpur ------- Respondents.
                                       -----------

3.   3.5.2011

Heard learned counsel for the appellant, and Mr. Harish Kumar, learned Assistant Counsel to Additional Advocate General No. 10 for respondent nos. 1 to 3. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W. J.C. No. 4451 of 2007( Lal Babu Prasad Vrs. The State of Bihar & Ors.), and raises a grievance with respect to the order dated 22.2.2010, whereby the writ petition has been disposed of.

We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to us that the appellant had taken loan from the State Bank of India, defaulted in payment of rent, leading to certificate proceeding bearing, Certificate Case 2 No.36 of 2005-2006. The appellant approached this Court by preferring the writ petition which has been disposed of with the direction to the learned Certificate Officer to dispose of the certificate debtor's objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as 'the Act'). Learned Single Judge has further observed that no coercive action shall be taken against the appellant till objection under section 9 of the Act is adjudicated. We agree with the order of the learned Single Judge.

The appeal is accordingly disposed of. It goes without saying that this order will not stand in the way of a possible settlement between the certificate debtor (the appellant herein), and the Bank.



                                 ( S. K. Katriar,J. )


Vinay/                             ( S. P. Singh, J.)

Unlock Advanced Research with PRISMAI

Patna High Court - Orders