Citation : 2025 Latest Caselaw 3106 Patna
Judgement Date : 8 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8400 of 2017
======================================================
Jaynandan Singh Son of Mahavir Singh Resident of Village Rasulpur Turki
Asoie, P.S. Bhagwanpur, District- Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Panchayati Raj
Departments, Bihar, Patna
2. The Director of Panchayati Raj Department, Bihar.
3. The District Panchayati Raj Officer, Vaishali at Hajipur.
4. The District Magistrate Vaishali at Hajipur.
5. The Certificate Officer-cum-Additional Collector, District- Vaishali.
6. The Deputy Development Commissioner-cum-Chief Executive officer,
District- Vaishali.
7. The Sub-Divisional Officer, Mahuha, Vaishali
8. The Deputy Collector, Land Reforms Mahuha, Vaishali.
9. The Block Development Officer-cum-Executive Officer Panchayati Samiti
Prakhand, Rajapakar, Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate
For the Respondent/s : Mr. Kumar Alok- SC 7
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 08-04-2025
1. The petitioner has filed the writ
petition for the following reliefs:
"(i) For directing and
commanding the respondents to
quash the Certificate Case No.
193/2014-15
instituted against her Patna High Court CWJC No.8400 of 2017 dt.08-04-2025
as well as the notice (Annexure -4)
issued against her U/S 7 of the
Public Demand and Recovery Act by
respondent No. 5 The Certificate
Officer.
(ii) Pass such other or
further order(s) direction(s) as the
Hon'ble Court may deem fit and
proper in facts and circumstances of
the case and to meet the ends of
justice.
2. At the outset, the Learned counsel for
the petitioner seeks indulgence of this Court to
grant liberty to file the 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 reported that he has no objection, if
a direction is given to the respondent No. 5 to Patna High Court CWJC No.8400 of 2017 dt.08-04-2025
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 his objections under Section 9 before the
Respondent No. 5 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 eight weeks 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 Patna High Court CWJC No.8400 of 2017 dt.08-04-2025
coercive steps shall be taken against the
petitioner herein.
7. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J) Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 09.04.2025 Transmission Date
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