Patna High Court
Mahendra Ram vs The State Of Bihar And Ors on 4 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20121 of 2018
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Mahendra Ram S/o Sukdeo Ram, Resident of Village- Aura, P.S.- Tariyani,
District- Sheohar.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Secretary, Food and Civil Supply
Department, Old Secretariat, Patna.
2. The Secretary, Food and Civil Supply Department, Old Secretariat, Patna.
3. The District Magistrate, Sheohar.
4. The Sub Divisional Officer, Sheohar.
5. The Certificate Officer, Sheohar.
6. The Block Development Officer, Tariyani.
7. The Block Supply Officer, Tariyani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dhananjaya Nath Tiwari, Adv.
For the Respondent/s : Mr.S. Raza Ahmad- Aag5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 04-08-2025
1. The Writ petition is filed for the
following reliefs:
"That the present writ
application is being filed on behalf of
the petitioner challenging the initiation
of certificate proceeding being
Certificate Case No. 25/2012 pending
before Certificate Officer, Sheohar by
which a demand of Rs.3,19,210/- has
been raised against the petitioner which
is clear from the perusal of requisition
Patna High Court CWJC No.20121 of 2018 dt.04-08-2025
2/3
for certificate and notice dated
25.08.2018
to the petitioner under
section 7 of the Public Demand
Recovery Act."
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 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
Patna High Court CWJC No.20121 of 2018 dt.04-08-2025
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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 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)
Amandeep/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.08.2025 Transmission Date
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