Patna High Court
Rakesh Kumar vs The State Of Bihar And Ors on 23 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15165 of 2018
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Rakesh Kumar Son of Late Ram Paras Singh, Director of Paras publication
Pvt. Ltd. Hazipur Industrial Area, Vaish resident of Mohalla- Salimpur Ahra,
P.O. and P.S.- Kadamkuan, Town and District- Patna- 800003
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The State of Bihar through the Principal Secretary, Department of Revenue,
Govt. of Bihar, Patna.
3. The District Magistrate, Vaishali at Hazipur.
4. The Sub Divisional Certificate Officer, Vaishali at Hazipur.
5. The Factory Inspector, Vaishali at Hazipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajgiri Singh
For the Respondent/s : Mr.Sushil Kumar Singh, AC to AAG-13
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 23-07-2025
1. The Writ petition is filed for the following reliefs:-
(i) To issue a writ in nature of certiorari to
quash the notice u/s-7 of Bihar & Orissa
Public Demand Recovery Act, 1914 (in
short the Act) dated 23.01.2018 issued
under the authority of Sub-Divisional
Certificate Officer, Vaishali at Hazipur; As
also to quash the order dated
03.04.2018
by which Bailable warrant
has been issued by the same authority
without rendering valid service of notice
and compliance of Sec.9 of the Act;
Patna High Court CWJC No.15165 of 2018 dt.23-07-2025
As also to quash the requisition letter
No.7, dated 18.01.2018 addressed to
Sub Divisional Certificate Officer, Vaishali
at Hazipur, issued under the authority of
Factory Inspector, Hazipur wherein
request has been made to initiate
certificate proceeding for recovery of
Rs.40,000/- from this petitioner as fine
imposed under Child Labour Act.
As also to quash entire proceeding in
connection with aforesaid notice dated
23.01.2018.
(ii) To hold and declare that petitioner
has not committed any violation of Child
Labour Act and the fine of Rs.40000/-
imposed by the Factory Inspector
payable by the petitioner is not
acceptable in the eye of law.
(iii) To retrain the respondents from
harassing the petitioner.
(iv) To grant any other reliefs.
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
Patna High Court CWJC No.15165 of 2018 dt.23-07-2025
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
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
Patna High Court CWJC No.15165 of 2018 dt.23-07-2025
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)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.07.2025
Transmission Date
