Patna High Court
Arun Kumar Singh And Anr vs The State Of Bihar And Ors on 24 March, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8056 of 2017
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1. Arun Kumar Singh Son of late Janardhan Singh, Resident of Village-
Bariyarpur, Panchayat- Bishunpur Balbhadra, P.S. Rajapakar, District-
Vaishali.
2. Arjun Prasad Singh, S/o Late Daroga Singh (Panchayat Secretary), Resident
of Village- Fatehpur Choupai, P.S. Mahua, District- Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Panchayati Raj
Departments, Bihar, Patna
2. The Director of Panchayati Raj Department, Bihar.
3. The District Panchayati Raj Officer, Vaishali at Hajipur.
4. The District Magistrate Vaishlai at Hajipur.
5. The Certificate Officer-cum-Additional Collector, District- Vaishali.
6. The Deputy Development Commissioner-cum-Chief Executive Officer,
District- Vaishali.
7. The Sub-Divisional Officer, Mahuha, Vaishali.
8. The Deputy Collector, Land Reforms Mahuha, Vaishali.
9. The Block Development Officer-cum-Executive Officer Panchayati Samiti
Prakhand, Rajapakar, Vaishali
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate
For the Respondent/s : Mr. Sanjeet Kumar Singh, AC to AAG 6
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 24-03-2025
1. During the course of argument, it is
reported to the Court that Petitioner No. 1 died
two years back and no steps were taken to bring
Patna High Court CWJC No.8056 of 2017 dt.24-03-2025
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the legal heirs of the petitioner no. 1 on record.
2. On perusal of the record, it is evident
that notice under Section 7 was issued against
the petitioner no. 1 as well as against the
petitioner no. 2 and the Writ petition is filed
challenging the notice. Objection was not filed by
the 2nd petitioner before the authority under
Section 9 of the Public Demand Recovery Act.
3. The petitioner(s) has filed the instant
application for the following reliefs:
"(i) For directing and
commanding the respondents to
quash the Certificate Case No.
190/2014-15
instituted against her as
well as the notice (Annexure -4)
issued against her U/S 7 of the Public
Demand and Recovery Act by
respondent No. 5 The Certificate
Officer.
(ii) Pass such other or
further order(s) direction(s) as the
Hon'ble Court may deem fit and
proper in facts and circumstances of
the case and to meet the ends of
justice.
Patna High Court CWJC No.8056 of 2017 dt.24-03-2025
4. At the outset, the Learned counsel for
the petitioner No. 2 seeks indulgence of this Court
to grant liberty to file the 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 No. 2.
5. The Learned counsel for the respondents
reported that he has no objection, if a direction is
given to the respondent No. 5 to pass necessary
orders under Section 10 of the Act duly taking into
account the objections filed by the petitioner No. 2.
6. 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 No. 2
to file his objections under Section 9 before the
Respondent No. 5 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.
7. It is needless to mention that before
Patna High Court CWJC No.8056 of 2017 dt.24-03-2025
passing any order, the authority concerned shall
give an opportunity of hearing to the petitioner No.
2. Any order passed shall be communicated to the
petitioner No. 2. The entire exercise shall be
completed as expeditiously as possible preferably
within a period of two months from the date of
filing of the objections by the petitioner No. 2.
8. Till the passing of the final order by the
Certificate Officer, it is directed that no coercive
steps shall be taken against the petitioner No. 2
herein.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.03.2025
Transmission Date
