Patna High Court
Smt. Minta 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.7081 of 2017
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1. Smt. Minta Devi Wife of late Sri Krishna Rai, Resident of Village-Bakhari
Supayan, Panchayat-Bakhari Barai, P.S.Rajapakar, District-Vaishali.
2. Birendra Rai @ Birendra Prasad Rai S/o Sita Ram Rai (EX Panchayat
Jansewak) Resident of Village-Dhobauli. P.S. Bidhupur, 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. null null
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
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Appearance :
For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate
For the Respondent/s : Mr. Kameshwar Pd. Gupta- GP 10
Mr. Satya Vrat, AC to GP 10
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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
commanding the respondents to
quash the Certificate Case No.
198/2014-15
instituted against
petitioners as well as the notice
Patna High Court CWJC No.7081 of 2017 dt.19-04-2025
(Annexure -4) issued against them
U/S 7 of the Public Demand and
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.
3. Learned counsel for the
respondents reported that he has no
objection, if a direction is issued to
Patna High Court CWJC No.7081 of 2017 dt.19-04-2025
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.
Further the petitioners are directed to
appear before the Certificate Officer for
proper adjudication of the case.
Patna High Court CWJC No.7081 of 2017 dt.19-04-2025
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
