Patna High Court
Md. Izhar Husain @ Izhar Husain vs The State Of Bihar And Ors on 19 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15773 of 2017
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Md. Izhar Husain @ Izhar Husain Son of Md. Yunus, Resident of Village-
Bhadrna, P.S. Vaishali, District-Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Panchayati Raj
Department, Bihar Patna
2. The Director, Panchayati Raj, Department, Bihar.
3. The District Panchayat 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 Hajipur, Vaisahli.
8. The Deputy Collector, Land Reforms Hajipur, Vaishali.
9. The Block Development Officer-cum-Executive Officer Panchayati Samiti
Prakhand, Lalganj, Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate
For the Respondent/s : Mr. K.P.Gupta-GP 10
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 19-06-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
“i. For directing and
commanding the respondents to quash
the Certificate Case No. 148/2014-15
instituted against her as well as the
notice (Annexure -4) issued against her
U/S of the Public Demand and Recovery
Act by respondent No. 5 the Certificate
Patna High Court CWJC No.15773 of 2017 dt.19-06-2025
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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 end of Justice.
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
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.
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
his objections under Section 9 before the
Respondent No. 5 within a period of four weeks
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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 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)
Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 20.06.2025 Transmission Date