Kumari Indu Rani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 12522 of 2021 ====================================================== Kumari Indu Rani, aged about 42 years (F), wife of Rakesh Ranjan, Resident of village- Nista, P.S. Suryagarha, District Lakhisarai. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3. The District Magistrate, Lakhisarai.
4. The District Panchayati Raj Officer, Lakhisarai.
5. The District Planning Officer, Lakhisarai.
6. The District Certificate Officer, Lakhisarai.
7. The Block Development Officer Suryagarha Block, District-Lakhisarai. ... ... Respondent/s Appearance :
For the Petitioner/s :
Mr. P.K. Shahi, Sr. Adv.
Mr. Vipin Kumar, Adv.
For the Responden/s :
Mr. Mritunjay Kumar, AC to AAG-6.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
The present writ petition has been filed seeking the following reliefs:- "a) For quashing of requisition for certificate dated 31.07.2019 contained in letter No. 2629 dated 2.8.2019 (Annexure-2) issued by Respondent No. 7 which has been issued in complete violation of principle of natural justice. b) For quashing of notice under section 7 dated 5.8.2019 (Annexure-3) and Departmental Certificate Case No. 20/2019-20 which is pending before the District Certificate Officer, Lakhisarai. c) For direction upon the Respondent authority to conduct a fair and transparent enquiry against the work done under Mukhyamantri Sat Nishchay Yojna in Gram Panchayat Raj Tolarampur in year 2017-18."
The Ld. Senior counsel for the petitioner, Shri P.K. Shahi has, at the outset, submitted, that the petitioner has already filed an objection under Section 9 of the Public Demand Recovery Act, 1914 (Annexure-4 to the writ petition), however, the District Certificate Officer, Lakhisarai has not disposed of the same till date.
The learned counsel for the respondent State, Shri Mritunjay Kumar, AC to AAG-6, submits that in case the
objection has not been disposed of, the same shall definitely be disposed off by the the District Certificate Officer, Lakhisarai within a period of six weeks from the date of receipt/ production of a copy of this order.
Accordingly, the present writ petition stands disposed of with a direction to the District Certificate Officer, Lakhisarai to consider the objection filed by the petitioner under Section 9 of the Public Demand Recovery Act , 1914 and dispose of the same on merits by a reasoned and a speaking order, in accordance with Law, within a period of six weeks from the date of receipt/ production of a copy of this order. It is needless to state that till the final order is passed by the District Certificate Officer, Lakhisarai, no coercive steps shall be taken against the petitioner.
(Mohit Kumar Shah, J) Tiwary/-