Patna High Court
Kartik Sah vs The State Of Bihar And Ors on 19 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7318 of 2017
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Kartik Sah Son of Late Ramsewak Sah Resident of Village - Bakarpur
Panchayat - Bakarpur, P.S. - Rajapakar, District - Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Panchayati Raj
Departments, Bihar, Patna
2. The Director of Pancahayti Raj Department, Bihar.
3. The District Pancahyati 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 Commission-cum-Chief Executive Officer,
District - Vaishali.
7. The Sub-Divisional Officer, Mahua, Vaishali.
8. The Deputy Collector, Land Reforms, Mahua, 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 : M/s Ajay-GA 5
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 petitioner has filed the instant
application for the following reliefs:
"(i) For directing and
commanding the respondents to
quash the Certificate Case No.
186/2014-15
instituted against
petitioner as well as the notice
(Annexure -4) issued against her U/S
Patna High Court CWJC No.7318 of 2017 dt.19-04-2025
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 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 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.7318 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 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.
Patna High Court CWJC No.7318 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
