Mahendra Ram vs The State Of Bihar And Ors
2025 Latest Caselaw 1121 Patna

Patna High Court

Mahendra Ram vs The State Of Bihar And Ors on 4 August, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20121 of 2018
     ======================================================
     Mahendra Ram S/o Sukdeo Ram, Resident of Village- Aura, P.S.- Tariyani,
     District- Sheohar.

                                                      ... ... Petitioner/s
                                       Versus
1.   The State Of Bihar through the Secretary, Food and Civil Supply
     Department, Old Secretariat, Patna.
2.   The Secretary, Food and Civil Supply Department, Old Secretariat, Patna.
3.   The District Magistrate, Sheohar.
4.   The Sub Divisional Officer, Sheohar.
5.   The Certificate Officer, Sheohar.
6.   The Block Development Officer, Tariyani.
7.   The Block Supply Officer, Tariyani.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr.Dhananjaya Nath Tiwari, Adv.
     For the Respondent/s     :      Mr.S. Raza Ahmad- Aag5
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                  ORAL JUDGMENT
     Date : 04-08-2025

                            1. The Writ petition is filed for the

      following reliefs:

                                         "That      the      present     writ
                      application is being filed on behalf of
                      the petitioner challenging the initiation
                      of          certificate       proceeding         being
                      Certificate Case No. 25/2012 pending
                      before Certificate Officer, Sheohar by
                      which a demand of Rs.3,19,210/- has
                      been raised against the petitioner which
                      is clear from the perusal of requisition
 Patna High Court CWJC No.20121 of 2018 dt.04-08-2025
                                             2/3




                          for      certificate            and      notice        dated
                          25.08.2018

               to    the    petitioner       under
                          section        7         of     the    Public     Demand
                          Recovery Act."

2. At the outset, the Learned counsel for

the petitioner seeks indulgence of this Court to

grant liberty to file fresh 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

submitted that he has no objection, if a direction is

given to the concerned authority to 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

objections under Section 9 before the concerned

authority within a period of four weeks from today.

On such objections being filed, the authority Patna High Court CWJC No.20121 of 2018 dt.04-08-2025

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 three months 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 coercive

steps shall be taken against the petitioner herein.

7. Interlocutory Application(s), if any,

shall stand disposed of.

(G. Anupama Chakravarthy, J) Amandeep/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          05.08.2025
Transmission Date