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Patna High Court
Nishi Bhushan Das vs The State Of Bihar And Anr on 28 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15264 of 2017
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Nishi Bhushan Das S/o Late Ayodhya Prasad, resident of Village- Dhouni,
P.S.- Tarapur, District- Munger, the then B.D.O., Pipariya, Lakhisarai.
... ... Petitioner/s
Versus
1. The State Of Bihar through the District Magistrate, Lakhisarai,
2. The Certificate Officer, Lakhisarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Diwakar Prasad Karn, Adv.
Mr. Chandra Shekhar Anand, Adv.
For the Respondent/s : Mr.Ajay Kr.Rastogi -AAG10
Mr. Rohitabh Das, AC to AAG13
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 28-07-2025
1. The petitioner has filed the Writ petition
for the following reliefs:
1. This writ application is being
filed for quashing the Certificate Case
under Public Demand Recovery Act
instituted against the petitioner, Vide
Certificate Case No. D.B. No.-44, dated
24.08.2017
, the reason for institution of
the case is that, according to Audit
enquiry report no.-279/2008-09 in Social
Suraksha Yojana Rs. 1,07,600/- (One Lakh
seven thousand six hundred) only
invested, but in Social Suraksha Yojana
register 1,29,000/- (One Lakh twenty nine
thousand nine hundred) expenses has
Patna High Court CWJC No.15264 of 2017 dt.28-07-2025
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been shown in which Rs.21,600/- (Twenty
one thousand six hundred) rupees has
been defaulcated with interest of
Rs.2,44,503/- total Rs.2,66,103/- (Two
Lakh Sixty six thousand one hundred
three) rupees has to be recovered from
the petitioner.
a) For stay the further
proceeding of the Certificate Case No.
D.B. No.-44, dated 24.08.2017 till
decision of the instant case by this
Hon’ble Court.
b) For any other relief/reliefs for
which the petitioner is found entitled by
the Hon’ble Court.
2. At the outset, the Learned counsel for
the petitioner seeks indulgence of this Court to grant
liberty to file 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
Patna High Court CWJC No.15264 of 2017 dt.28-07-2025
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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
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.
Patna High Court CWJC No.15264 of 2017 dt.28-07-2025
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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 28.07.2025 Transmission Date
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