Nishi Bhushan Das v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15264 of 2017 ====================================================== 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 ====================================================== 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 ====================================================== 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

2/4 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

3/4 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.

4/4

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