Patna High Court
Smt. Pramila Devi @ Urmila Devi And Anr vs The State Of Bihar And Ors on 19 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7221 of 2017
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1. Smt. Pramila Devi @ Urmila Devi Wife of Nabal Kishor Singh, Resident of
Village- Rajapakar, Panchayat- Rajapakar North, P.S.- Rajapakar, District-
Vaishali.
2. Surya Narayan Sah S/o Sri Ram Chandra Sah. Panchayat Secretary, Resident
of Village- Bhagwanpur ratti, P.S. Vaishali, 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, Mahua, Vaishali.
9. The Block Development Officer-cum- Executive Officer Panchayati Samiti
Prakhand, Rajapakar, Vaishal
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate
For the Respondent/s : Mr. Ajay- GA 5
Mr. Rakesh Kumar Ranjan, AC to GA 5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 19-04-2025
1. The petitioners have filed the instant
application for the following reliefs:
"(i) For directing and
Patna High Court CWJC No.7221 of 2017 dt.19-04-2025
2/4
commanding the respondents to
quash the Certificate Case No.
197/2014-15
instituted against
petitioners 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. Learned counsel for the petitioners
contended that they have filed their
objections under Section 9 of the Bihar and
Orissa Public Demands Recovery Act, 1914
before the authority and the same is
pending with the Certificate Officer. Further
it is contended that without passing the final
order under Section 10 of the Act the
respondents proceeded with the case.
Patna High Court CWJC No.7221 of 2017 dt.19-04-2025
3. Learned counsel for the
respondents reported that he has no
objection, if a direction is issued to
Respondent No. 5 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
submissions and without going into the
merits or demerits of the case, the present
writ petition is disposed of directing
Respondent No. 5 to pass appropriate orders
under Section 10 of the Act within a period
of two 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 petitioners. Any order passed
shall be communicated to the petitioners.
Patna High Court CWJC No.7221 of 2017 dt.19-04-2025
Further the petitioners are 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
petitioners herein.
6. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.04.2025
Transmission Date
