Patna High Court
Kartik Sah 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.8061 of 2017
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1. Kartik Sah, Son of Late Ramsewak Sah, Resident of Village- Bakarpur
(Panchayat Bakarpur), P.S. Rajapakar, District- Vaishali.
2. Gauri Rai, S/o Late Laxmi Rai. (Panchayat Secretary) Resident of Village-
Khirachak, P.S. Mahua, District Vaishali.
... ... petitioners/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 Vaishali 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 petitioners/s : Mr. Kunwar Ajit Singh, Advocate
For the Respondent/s : M/s Archana Meenakshee- G P 6
Rohit Singh, AC to GP 6
Prabhat Ranjan, AC to GP 6
Harish Singh, AC to GP 6
Rana Veer Prawar, AC to GP 6
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 24-03-2025
1. The petitioners have filed the instant
application for the following reliefs:
Patna High Court CWJC No.8061 of 2017 dt.24-03-2025
2/4
"(i) For directing and
commanding the respondents to
quash the Certificate Case No.
188/2014-15
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.
2. At the outset, the Learned counsel for
the petitioners seek 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 petitioners.
3. The Learned counsel for the
respondents reported that he has no objection, if
Patna High Court CWJC No.8061 of 2017 dt.24-03-2025
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 petitioners.
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 petitioners to
file their 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.
5. It is needless to mention that before
passing any order, the authority concerned shall
give an opportunity of hearing to the petitioners.
Any order passed shall be communicated to the
petitioners. The entire exercise shall be
completed as expeditiously as possible preferably
within a period of eight weeks from the date of
filing of the objections by the petitioners.
6. Till the passing of the final order by the
Patna High Court CWJC No.8061 of 2017 dt.24-03-2025
Certificate Officer, it is directed that no coercive
steps shall be taken against the petitioners
herein.
7. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.03.2025
Transmission Date
