Murad Hussain vs The State Of Bihar And Ors
2025 Latest Caselaw 2580 Patna

Patna High Court

Murad Hussain vs The State Of Bihar And Ors on 20 August, 2025

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.22390 of 2018
     ======================================================
     Murad Hussain Son of Late Sakiruddin, Resident of Village-Belauna, P.S.-
     Bihiya, District Bhojpur.
                                                                 ... ... Petitioner/s
                                        Versus
1.    The State Of Bihar through Secretary, Minor Irrigation Deptt, Govt of Bihar
2.   The District Magistrate, Bhojpur at Ara.
3.   District Certificate Officer, Bhojpur at Ara.
4.   Sub-Divisional Magistrate, Jagdishpur, District Bhojpur.
5.   Executive Engineer, Tube Well Division, Ara, District Bhojpur.
6.    Executive Engineer, Minor Irrgation Division, Ara, District-Bhojpur.
                                                                ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Jitendra Prasad Singh, Sr. Adv.
                                    Mr. Rajeev Kumar, Adv.
                                    Mr. Varun Krishna Singh,a Adv.
     For the Respondent/s   :       Mr.Sitaram Pd.Yadav -Sc14
                                    Mr. Yatindra narayan, AC to GP16
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

     ORAL JUDGMENT
     Date : 20-08-2025


                    1. The Writ petition is filed for the following

      reliefs:-

                                       "That,        the      present        writ
                            application         has      been        filed     for
                            issuance of an appropriate Writ or
                            Writs setting aside the order dated
                            18.07.2018

passed by the District Certificate Officer, Ara in Certificate Case No. 03/14-15 by which warrant has been issued against the petitioner as well as for quashing the entire above mentioned certificate Patna High Court CWJC No.22390 of 2018 dt.20-08-2025

proceeding as the same is not maintainable and/or to grant any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of the case.

2. The 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 concerned authority

and the same is still pending with the Certificate

Officer. Further it is contended that without passing

the final order under Section 10 of the Act, Warrant

of Arrest was issued against the petitioner and,

therefore, prayed to set aside the order of Warrant

of Arrest.

3. The Learned counsel for the respondents

reported that he has no objection, if a direction is

given to the respondent No. 3 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 Patna High Court CWJC No.22390 of 2018 dt.20-08-2025

demerits of the case, the present Writ petition is

disposed of directing the Respondent No. 3 to pass

appropriate orders under Section 10 of the Act

within a period of three months from today.

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. Further the petitioner is directed to

appear before the Certificate Officer for proper

adjudication of the case.

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          22.08.2025
Transmission Date