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Patna High CourtCWJC/20121/2018disposed

Mahendra Ram v. The State Of Bihar And ORS

2025-08-04Justice Smt. G. Anupama Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20121 of 2018 ====================================================== Mahendra Ram S/o Sukdeo Ram, Resident of Village- Aura, P.S.- Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Food and Civil Supply Department, Old Secretariat, Patna.

2.

The Secretary, Food and Civil Supply Department, Old Secretariat, Patna. 3.

The District Magistrate, Sheohar.

4.

The Sub Divisional Officer, Sheohar.

5.

The Certificate Officer, Sheohar.

6.

The Block Development Officer, Tariyani.

7.

The Block Supply Officer, Tariyani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Adv.

For the Respondent/s :

Mr.S. Raza Ahmad- Aag5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 04-08-2025

1. The Writ petition is filed for the following reliefs:

"That the present writ application is being filed on behalf of the petitioner challenging the initiation of certificate proceeding being Certificate Case No. 25/2012 pending before Certificate Officer, Sheohar by which a demand of Rs.3,19,210/- has been raised against the petitioner which is clear from the perusal of requisition

Patna High Court CWJC No.20121 of 2018 dt.04-08-2025 2/3 for certificate and notice dated 25.08.2018 to the petitioner under section 7 of the Public Demand Recovery Act."

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 submitted that he has no objection, if a direction is given to the concerned authority 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 objections under Section 9 before the concerned authority within a period of four weeks from today. On such objections being filed, the authority

Patna High Court CWJC No.20121 of 2018 dt.04-08-2025 3/3 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) Amandeep/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.08.2025 Transmission Date