Patna High Court
Rajendra Singh vs The State Of Bihar And Ors on 11 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6510 of 2017
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Rajendra Singh S/o Late Chhedi Singh R/o Village - Shivanpur, P.O. -
Ankorha, P.S. Nabinagar, District - Aurangabad Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar through Collector, Aurangabad (Bihar)
2. The District Certificate Officer, Aurangabad Bihar.
3. Sabitri Devi W/o Shri Awadh Prasad Singh R/o Village - Rampur, P.O. -
Ankorha, P.S. - Brem O.P. Nabinagar, District - Aurangabad Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : M/s Dhaneshwar Prasad Gupta
Lal Bahadur Singh, Advocates
For the Respondent/s : Mr. Navnit Kumar AC to GP 18
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 11-04-2025
1. The petitioner has filed the instant
application for the following reliefs:
"That the present writ
application is being filed for issuance of
appropriate writ of mandamus and any
other writ or writs, command,
direction/directions to the respondent
authorities to set aside the order of recovery
of amount paid in lieu of land acquired by
N P G C to the petitioner, for which a notice
dated 23-1-2017 in Certificate case no.
01/16-17
(Annexure-5) has been issued by
the learned District Certificate Officer,
Patna High Court CWJC No.6510 of 2017 dt.11-04-2025
Aurangabad (Bihar) to refund the amount
as the same has been obtained by means of
forge and fabricated documents as alleged
by the Respondent no.-3 and be further
pleased to stay the entire proceeding and
operation of order of recovery in connection
with Certificate case no. 01/16-17 during
the pendency of this writ petition and be
further pleased to pass any other
appropriate order/orders as your lordship
may deem fit and proper in the interest of
natural justice and fair play."
2. Learned counsel for the petitioner contended
that he has filed his objections under Section 9 of the
Bihar and Orissa Public Demands Recovery Act, 1914
before the authority and the same was pending with the
Certificate Officer. Further it is contended that without
passing any appropriate order on petition under Section
9 of the PDR Act, the order of recovery of
compensation amount has been passed, therefore,
prayed to set aside the same.
3. Learned counsel for the respondents
Patna High Court CWJC No.6510 of 2017 dt.11-04-2025
submitted that he has no objection, if a direction is
given to the respondent No. 2 to pass necessary orders
under Section 10 of the Act duly taking into account the
objections filed by the petitioner.
3. Having regard to the above made
submissions, without going into the merits or demerits
of the case, the present writ petition is disposed of
directing the Respondent No. 2 to pass appropriate
orders under Section 10 of the Act within a period of
three months from today.
4. 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. Further
the petitioner is directed to appear before the Certificate
Officer for proper adjudication of the case.
5. 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.
6. Interlocutory Application(s), if any, shall
Patna High Court CWJC No.6510 of 2017 dt.11-04-2025
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.04.2025
Transmission Date
