Mukesh Kumar And Anr vs The State Of Bihar And Ors on 19 April, 2025

Patna High Court

Mukesh Kumar And Anr vs The State Of Bihar And Ors on 19 April, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7346 of 2017
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1.    Mukesh Kumar and Anr son of Dindayal Ram, resident of Village- Matiyara,
      Panchayat Berai, P.S.- Sarai, Dist- Vaishali.
2.   Surya Narayan Sah, S/o Ram Chandra Sah, (Panchayat Secretary), Resident
     of Village- Bhagwanpur Ratti, P.S.- Vaishali, District- Vaishali.

                                                                  ... ... Petitioner/s
                                         Versus
1.   The State Of Bihar and Ors
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, Vaishal

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Kunwar Ajit Singh, Advocate
     For the Respondent/s   :       Mr.Manish Kumar, AC to Ex. AAG 6
                                    Incharge AAG 5
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                  ORAL JUDGMENT
                                  Date : 19-04-2025

                  1. The petitioners have filed the instant

      application for the following reliefs:

                                         "(i)        For    directing        and
                        commanding                the      respondents          to
                        quash        the      Certificate         Case        No.
                        184/2014-15

instituted against
petitioners as well as the notice
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(Annexure -4) issued against them
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. Learned counsel for the petitioners

contended that they have filed their

objections under Section 9 of the Bihar and

Orissa Public Demands Recovery Act, 1914

before the authority and the same is

pending with the Certificate Officer. Further

it is contended that without passing the final

order under Section 10 of the Act the

respondents proceeded with the case.

3. Learned counsel for the

respondents reported that he has no

objection, if a direction is issued to
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Respondent No. 5 to pass necessary orders

under Section 10 of the Act duly taking into

account the objections filed by the

petitioner.

3. Having regard to the above

submissions and without going into the

merits or demerits of the case, the present

writ petition is disposed of directing

Respondent No. 5 to pass appropriate orders

under Section 10 of the Act within a period

of two months from today.

4. 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.

Further the petitioners are directed to

appear before the Certificate Officer for

proper adjudication of the case.

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5. Till the passing of the final order by

the Certificate Officer, it is directed that no

coercive steps shall be taken against the

petitioners herein.

6. Interlocutory Application(s), if any,

shall stand disposed of.

(G. Anupama Chakravarthy, J)
Spd/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.04.2025
Transmission Date