Harihar Mahto vs The State Of Bihar And Ors
2025 Latest Caselaw 966 Patna

Patna High Court

Harihar Mahto vs The State Of Bihar And Ors on 1 August, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19400 of 2018
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     Harihar Mahto Son of late Dasai Mahto Resident of Village- Shahpur Akhada,
     P.O. P.S.- Aurangabad, District- Aurangabad.
                                                                ... ... Petitioner/s
                                         Versus
1.    The State Of Bihar
2.   The District Magistrate, Aurangabad.
3.   The District Certificate Officer, Aurangabad.
4.   The District Land Acquisition Officer, Aurangabad.
5.   The Competent Authority-Cum-Deputy Collector Land Reforms District
     Land Acquisition Office, Aurang
6.   The Circle Officer, Aurangabad.
7.   Merajuddin
8.   Janul Aaweddin
9.   Reyajuddin
10. Tejuddin, All Sons of late Amiruddin, and Resident of Village- Kuraisin,
     Mohalla- Aurangabad, P.O. P.S. - Aurangabad, District- Aurangabad.
                                                             ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Varun Kumar Trivedi, Adv.
     For the Respondent/s   :       Mr.Rishi Raj Sinha- SC19
                                    Mr. Saurabh Kumar, AC to SC19
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                ORAL JUDGMENT

Date : 01-08-2025

1. The Writ petition is filed for the

following reliefs:

"(i) That the entire proceeding in the Certificate Case No. 36/2018-19 pending in the Court of Learned Certificate Officer, Aurangabad be quashed.

(ii) That the notice of Patna High Court CWJC No.19400 of 2018 dt.01-08-2025

certificate debtor dated 05.04.2018 contained in Annexure -'4' issued by the Court of District Certificate Officer may be quashed.

(iii) That the Letter no. 858 dated 09.08.2018 contained in Annexure-' 5' issued by the court of Zila Nilam Patra Padadhikari, Aurangabad (Zila Nilam Shakha) may be quashed.

(iv) That the respondents may be directed not be take any coercive step against the petitioner.

(v) That any other relief or relieves may be allowed which will be just proper and equitable in the opinion of this Hon'ble Court.

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 Patna High Court CWJC No.19400 of 2018 dt.01-08-2025

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

fresh objections under Section 9 before the

concerned authority within a period of four weeks

from today. On such objections being filed, the

authority 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 Patna High Court CWJC No.19400 of 2018 dt.01-08-2025

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          01.08.2025
Transmission Date