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Patna High Court
Ranjana Chaurasia vs The State Of Bihar on 15 December, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.595 of 2022
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Ranjana Chaurasia Wife of Late Ramesh Prasad Chaurasia @ Ramesh Prasad
Resident of Nayatola, Chausia, Govindchak, P.S. - Sonepur, Distt - Saran at
Chapra (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Rural
Development, Bihar, Patna.
2. The Principal Secretary, Department of Rural Development, Bihar, New
Secretariat, Patna.
3. The Member (Judicial) Lokayukta, through its Secretary, Officer Lokayukta,
at 04, Kautaliya Marg, Patna.
4. The Collector of the District, (DM), Saran at Chapra.
5. The Deputy Development Commissioner (DDC), Saran.
6. The District Certificate Officer, Chapra, District- Saran.
7. The Block Development Officer (B.D.O.) Mashrakh, Saran.
8. The Block Development Officer (B.D.O.), Dariyapur, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Nath Jha, Adv.
Mr.Sunny Kumar, Adv.
For the Respondent/s : Mr.Vinay Kirti Singh (GA2)
Mr.Sumant Kr. Singh, AC to GA2
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 15-12-2025
Heard Learned Counsel for the petitioner and
Learned Counsel for the respondents.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed with the following reliefs:-
(i) Quashing/setting aside the order dt.
19.04.2021
(Annx- 2) passed by the Learned
Member (judicial )Lokayukta, Bihar, Patna in case
no.-01/lok (Panchayati Raj) 224/2012( Sri
Patna High Court CWJC No.595 of 2022 dt.15-12-2025
Upendra Kumar Sah Vs. Block Developmet Officer,
Mashrakh, Saran ) whereby and whereunder the
direction has been issued especially the district
authorities, Saran to conclude the pending
proceedings to its logical end against all the guilty
persons including the husband of the present
petitioner (now deceased).
(ii) Holding and declaring that the
Respondent no.3 Learned Member (judicial)
Lokayukta, Bihar, had no jurisdiction to initiate
impugned proceedings before him against the
husband of the petitioner -Late Ramesh Prasad
Chaurasia & Ramesh Prasad vide case no. 01/lok
(Panchayati Raj) 224/2012( Sri Upendra Kumar
Sah Vs. Block Developmet Officer, Mashrakh,
Saran).
(iii) Holding and declaring that the
Respondent-authorities are not authorized under
any Act to harass the present petitioner pursuant to
the order of Learned Lokayukta (Annx-2) whereas
the departmental proceedings against the husband
of the petitioner (Late Ramesh Prasad Chaurasia)
had already been concluded long ago vide same
subject Annx- 3 hereto, and relating matter/same
alleged offence the writ application is pending in
the Hon'ble Patna High court.
(iv) Directing the Respondent-authorities
to grant all the benefits to the present petitioner for
which her husband was entitled to, after
exonerating the deceased husband of petitioner
Patna High Court CWJC No.595 of 2022 dt.15-12-2025
from all the frivolous charges leveled against him.
3. Counsel for the petitioner further submits that the
petitioner is a widow of Panchayat Secretary, Masrakh worked
under Saran district. He further submits that in the year 2012,
case No. 01/Lok (Panchayati Raj) 224/2012 (Sri Upendra
Kumar Sah Vs. Block Development Officer, Mashrakh, Saran)
was registered in the Office of Learned Lokayukta, Bihar, Patna
with respect to defalcation of government amount while
distributing the amount under the Indira Awas Yojna to the
beneficiaries.
4. Counsel further submits that in the said proceeding,
husband of the petitioner and several employees were impleaded
which resulted into criminal proceeding, departmental
proceeding and certificate proceeding under Bihar & Orissa
Public Demands Recovery Act, 1914 (Act no. 4 of 1914)
[hereinafter referred to as 'Act of 1914'] and a Certificate Case
No.05 of 2016-17 was instituted before the District Certificate
Officer, Saran for recovery of amount of Rs.13,91,453/- ( Rs.
Thirteen Lacs Ninety one thousand four hundred fifty three
only).
5. Counsel further submits that the petitioner has filed
a writ petition bearing C.W.J.C. No.14092 of 2017 before this
Hon'ble Court which was disposed of on 06.04.2018, directing
Patna High Court CWJC No.595 of 2022 dt.15-12-2025
the respondent authorities to decide the objection petition of
husband of the petitioner filed under section 9 of P.D.R. Act and
till decision on the said objection, no coercive step for the said
recovery due would be taken. He further submits that the
objection was filed by husband of the petitioner before
Certificate Officer, which was rejected on 21.02.2019. He
further submits that husband of the petitioner has preferred
another writ petition bearing C.W.J.C. No.21140 of 2019, which
has been dismissed for default and for restoration of the same,
he has filed MJC No.2218 of 2021.
6. Counsel further submits that husband of the
petitioner died on 29.08.2021 leaving behind his widow i.e., the
present petitioner. He further submits that due to order passed
by the Lokayukta, which is impugned here even after death of
her husband, the proceeding is still continuing, which is bad in
law as well as the plea of the petitioner is that the Lokayukta has
no jurisdiction to pass such order to proceed in the certificate
case and intimate to the Lokayukta about the progress of the
said case.
7. Counsel for the petitioner during argument submits
that section 52 of the Act of 1914 talks about the Procedure on
death of certificate-debtor. He further submits that the said
Patna High Court CWJC No.595 of 2022 dt.15-12-2025
procedure has not been followed at all and hence the order
passed by the Lokayukta against the petitioner in the said
certificate case is bad in law. Therefore, he prayed that the said
order which according to him is non-jurisdictional, be set aside
and the respondent authorities be directed not to proceed against
the petitioner being wife of the delinquent, which is certificate
debtor.
8. Counsel for the State, on the other hand, submits
that the petitioner has a chequered history. Criminal proceeding,
departmental proceeding as well as certificate proceeding all
were pending against him. Even to save himself from realisation
of the said certificate money, he used to file writ petitions either
one pre-text or other before this Hon'ble Court. He further
submits that earlier C.W.J.C. No.14092 of 2017 was heard and
disposed of on 06.04.2018 in which he was directed to file
objection, his objection was entertained and rejected. Thereafter,
he has preferred another writ petition bearing C.W.J.C.
No.21140 of 2019, which was dismissed due to non-prosecution
on 23.11.2021. He further submits that after death of the
petitioner, his wife filed restoration petition bearing MJC
No.2218 of 2021, which according to her still pending.
9. Counsel further submits that in the said case,
Patna High Court CWJC No.595 of 2022 dt.15-12-2025
distress warrant was also issued, but by virtue of I.A. No.01 of
2020, petitioner has obtained the order of stay dated 04.05.2021
i.e., the operation of distress warrant against the husband of the
petitioner.
10. Counsel further submits that it is true that the
husband of the petitioner died on 29.08.2021, but the certificate
is still thirsty and the amount has to be realized from the legal
representative of the certificate debtor. He further submits that
the petitioner being a wife, is the legal representative of her
husband (certificate debtor). Therefore, the said realization of
the certificate debt is completely in accordance with law and the
order passed by the Lokayukta is not non-jurisdictional rather
well within the framework of law and there is no need of any
interference.
11. Upon hearing the parties on the factual matrix, this
Court is hereby discussing the provisions of Bihar & Orissa
Public Demands Recovery Act, 1914 (Act no. 4 of 1914) under
which the certificate case has been filed against the husband of
the petitioner. It transpires to this Court that there is specific
provision laid down under section 52 of the Act of 1914. The
provision of Section 52 of the Act of 1914 talks about the
Procedure on death of certificate-debtor and is quoted below:-
Patna High Court CWJC No.595 of 2022 dt.15-12-2025
52. Procedure on death of certificate-
debtor.-(1) Where certificate-debtor dies before the
certificate has been fully satisfied, the Certificate
Officer may, after serving upon the legal
representative of the deceased a notice in the
prescribed form proceed to execute the certificate
against such legal representative and the
provisions of this Act shall apply as if, such legal
representative were the certificate debtor and as if
such notice were a notice under Section 7:
Provided that where the certificate is
executed against such legal representative, he shall
be liable only to the extent of the property of the
deceased which has come to his hands and has not
been duly disposed of; and, for the purpose of
ascertaining such liability, the Certificate Officer
executing the certificate may, of his own motion or
on the application of the certificate-holder compel
such legal representative to produce such accounts
as the Certificate Officer thinks fit.
(2) for the purposes of this Section,
property in the hands of a son or other descendant
which is liable under Hindu Law for the payment
of the debt of a deceased ancestor, in respect of
which a certificate has been filed, shall be deemed
to be property of the deceased which has come to
the hands of the son or other descendant as his
legal representative.
12. It transpires to this Court that the said provision
Patna High Court CWJC No.595 of 2022 dt.15-12-2025
clearly states that the certificate has to be fully satisfied even
after death of certificate debtor from the legal representative of
the deceased, but for that a notice in the prescribed form has to
be proceeded to execute the certificate against such legal
representative and the provisions of said Act shall apply as if
such legal representative were the certificate debtor and if such
notices were a notice under section 7 of the Act of 1914. The
proviso of said section is also clear that the certificate shall be
executed against such legal representative. The said legal
representative shall be liable only to the extent of the property
of the deceased which has come to the hand of legal
representative. For this purpose, a liability has to be ascertained
and it may be done by the Certificate Officer of his own motion
or on the application of the certificate holder compel such legal
representative to produce such accounts as the Certificate
Officer thinks fit.
13. In the light of the existing provision of law as laid
down under section 52 of the Act of 1914, this Court restrains
himself to interfere in the findings of the Lokayukta and hereby
directs the Certificate Officer /respondent authorities to proceed
against the present petitioner only in accordance with section 52
of the Act of 1914.
Patna High Court CWJC No.595 of 2022 dt.15-12-2025
14. It is made clear that prior to exhaustment of the
provisions laid down under section 52 of the Act of 1914, no
coercive steps shall be taken against the petitioner.
15. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
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