Patna High Court
Kailash Rai 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.7218 of 2017
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1. Kailash Rai and Anr Son of late Bindeshwar Rai Resident of Village -
Allipur Panchayat Bhalui, P.S. Rajapakar, Dist. Vaishali.
2. Ashok Kumar Sharma S/o Late Nandlal Thakur (Panchayat Secretary)
Resident of Village - Bihwarpur P.S. Bidupur, District Vaishali.
... ... Petitioner/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, Mahua, Vaishali.
8. The Deputy Collector, Land Reforms Mahua, Vaishali.
9. The Block Development Officer-cum-Executive Officer Panchayati Samiti
Prakhand, Rajapakar, Vaishali
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kunwar Ajit Singh, Adulate
For the Respondent/s : Mr. Kumar Alok- SC7
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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. 195/2014-15
instituted against petitioners as well as
the notice (Annexure -4) issued
against her U/S 7 of the Public Demand
Patna High Court CWJC No.7218 of 2017 dt.19-04-2025
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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 his objections
under Section 9 of the Bihar and Orissa Public
Demands Recovery Act, 1914 before the authority
and the same was pending with the Certificate
Officer.
3. 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.
3. Having regard to the above made
submissions, without going into the merits or
demerits of the case, the present writ petition is
disposed of directing the Respondent No. 5 to pass
appropriate orders under Section 10 of the Act
Patna High Court CWJC No.7218 of 2017 dt.19-04-2025
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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.
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
