Arun Kumar Singh And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7365 of 2017 ====================================================== 1.
Arun Kumar Singh and Anr Son of Late Janardhan Singh, Resident of Village Bariyarpur, Panchayat- Bishunpur Balbhadra, P.S.- Rajapakar, Dist.- Vaishali.
2.
Ram Lakhan Prasad Singh, S/o Late Yogendra Prasad Singh, (Panchayat Secretary), Resident of Village- Kasipur, P.S. Branti 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, Vaishali ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Ajit Singh, Advocate For the Respondent/s :
Mr. Kameshwar Prasad Gupta-GP 10 Mr. Satya Vrat AC to GP 10 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 19-04-2025
1. At the outset, the Learned counsel for the petitioners submits that petitioner No. 1 has died. In view of the same, the Learned counsel seeks permission to withdraw the writ petition insofar as it pertains to petitioner No. 1.
2. The writ petition, accordingly, stands
2/4 dismissed as withdrawn against petitioner No. 1.
3. The petitioner has filed the instant application for the following reliefs:
"(i) For directing and commanding the respondents to quash the Certificate Case No. 191/2014-15 instituted against petitioner as well as the notice (Annexure -4) issued against him 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.
4. The Learned counsel for the petitioner No. 2 contended that he has filed his 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
3/4 respondents proceeded with the case.
5. The Learned counsel for the respondents reported that he has no objection, if a direction is issued to Respondent No. 5 to pass necessary orders under Section 10 of the Act duly taking into account the objections filed by the petitioner No. 2.
6. 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.
7. It is needless to mention that before passing any order, the authority concerned shall give an opportunity of hearing to the petitioner No.
2. Any order passed shall be communicated to the petitioner No. 2. Further the petitioner No. 2 is directed to appear before the Certificate Officer for proper adjudication of the case.
8. Till the passing of the final order by the Certificate Officer, it is directed that no coercive steps shall be taken against the petitioner No. 2
4/4 herein.
9. 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