Patna High Court
Shiveshwar Mishra vs The State Of Bihar on 25 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12092 of 2018
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Shiveshwar Mishra Son of Sri Satrughan Mishra Resident of Village and P.O.-
Nanpur, District- Sitamarhi at Present working as Panchayat Technical
Assistant, MANREGA, Block- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Patna, Bihar.
2. The Secretary Rural Development Department, Government of Bihar, Patna.
3. The District Magistrate-Cum-District Programme Co-ordinator
(MANREGA) Madhubani.
4. The Deputy Commissioner-cum-Additional District Programme Co-
Ordinator (MANREGA), Madhubani.
5. The Director, Account Administrator and Self Employment, District Rural
Development Authority, Madhubani.
6. The Certificate Officer-Cum-Sub Divisional Officer, Jaynagar, District-
Madhubani.
7. The Programme Officer (MANREGA), Block- Ladaniya, District-
Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Adv.
For the Respondent/s : Mr.Anjani Kumar, Adv
For the State : Mr.Sanjay Prasad, AC to AAG4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 25-07-2025
1. The Writ petition is filed for the following
reliefs:-
(i) For issuance of a writ in the
nature of certiorari for quashing the
order contained in Memo no.
47/जज०ग्रा०जव०अ०, Madhubani, dated
13.1.2017
/Annex.-1, issued by the
Deputy Development Commissioner-
Patna High Court CWJC No.12092 of 2018 dt.25-07-2025
cum-Additional District Programme
Coordinator (MANREGA), Madhubani/
respondent no.-4 by which the
Programme Officer, Ladaniyan/
respondent no. 7 has been directed to
recover an amount of 20 percent of
recoverable amount of dissipation of
Rs. 2,63,460/- (Two lakhs sixty three
thousand four hundred and sixty
rupees) from the then Panchayat
Technical Assistant/petitioner.
(ii) For issuance of a writ in the
nature of certiorari for quashing the
order contained in letter no. 05 dated
18.01.2017/Annex.-2 issued by the
Programme Officer, Ladaniyan by which
the petitioner has been directed to
ensure deposit of an amount of Rs.
52,692/-(Fifty two thousand six hundred
and ninety two rupees) through cheque
in favour of Ladaniyan to his Office.
(iii) For issuance of a writ in the
nature of certiorari for quashing the
certificate proceeding initiated against
the petitioner vide Certificate Case No.
322/17-18 by the Certificate Officer,
Jaynagar.
(iv) For issuance of a writ in the
nature of certiorari for quashing the
notice dated 18.11.17 issued by the
Certificate Officer, Jaynagar by which
the petitioner has been informed that a
certificate proceeding bearing
Certificate Case No. 322/17-18 has
been initiated against him/certificate
debtor under Section 7 of the Bihar &
Orissa Public Demand Recovery Act,
1914 (hereinafter referred as BAOPDR
Patna High Court CWJC No.12092 of 2018 dt.25-07-2025
Act, 1914) for recovery of a sum of Rs.
57,976.20/ due to the Programme
Officer (MANREGA), Ladaniyan/
certificate holder.
(v) for issuance of a writ in the
nature of mandamus directing the
respondent concerned not to recover
any amount of dissipation of Rs.
2,63,460/- (Two lakhs sixty three
thousand four hundred and sixty
rupees) from the petitioner.
(vi) For issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the writ
petitioner would be found entitled in
the facts and circumstances of the
case.
2. It is the specific contention of the
Learned counsel for the petitioner that the
certificate proceeding initiated against the
petitioner in Certificate Case No. 322/2017-18 by
the Certificate Officer, Jaynagar, under Section 7 of
the Bihar and Orissa Public Demands Recovery Act,
1914, is for recovery of a sum of Rs. 57,976.20/-. In
spite of filing the objections under Section 9 of the
PDR Act, the final order has not been passed by the
Certificate Officer under Section 10 of the PDR Act.
3. On the other hand, the learned counsel for
the respondents contended that the objections were
Patna High Court CWJC No.12092 of 2018 dt.25-07-2025
not in the proper format so as to be considered by
the Certificate Officer.
4. At this juncture, the Learned counsel for
the petitioner seeks permission to file fresh
objections before the concerned authority in the
proper format.
5. Therefore, without going into the merits
or demerits of the case, this Court permits the
petitioner to file objections under Section 9 of the
PDR Act within one month from the date of receipt of
this order. In turn, the concerned authority shall pass
an appropriate order under Section 10 of the PDR Act
within three months from the date of filing the
objections by the petitioner, after considering the
relevant documents.
6. 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.
7. 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.
Patna High Court CWJC No.12092 of 2018 dt.25-07-2025
8. With the aforesaid observations, the Writ
petition stands disposed of.
(G. Anupama Chakravarthy, J)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 29.07.2025
Transmission Date
