Rajesh Ranjan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12282 of 2015 ===========================================================

1. Rajesh Ranjan S/o Dr. Nagendra Prasad, Resident of Village Banauli, P.O. & P.S. Chenari, District Rohtas (Bihar).

2. Moh. Mokkaram Beig, S/o Moh. Ekram Beig, Resident of Village Paibandi, P.O. & P.S. Chenari, District Rohtas (Bihar).

3. Moh. Shakil Beig, S/o Moh. Habib Beig, Resident of Village Paibandi, P.O. & P.S. Chenari, District Rohtas (Bihar).

.... .... Petitioners

Versus

1. The State of Bihar.

2. The Chief Secretary to Government of Bihar, Old Secretariate, Patna-800001.

3. The Inspector General, Registration, Government of Bihar, New Secretariat, Patna-800001.

4. The Joint Registrar, Registration, Patna Division, Patna.

5. The District Registrar-cum-Collector, Rohtas, Sasaram.

6. The District Sub-Registrar, Rohtas (Sasaram).

7. The District Certificate Officer, Rohtas (Sasaram). .... .... Respondents =========================================================== Appearance :

For the Petitioners : None For the Respondents : Mr. Kumar Alok- SC8 Mr. Raj Kumar Singh, AC to SC 8 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 31-08-2018 The present writ petition has been filed for quashing the entire proceeding of Certificate Case No. 05/2014-15 pending in the court of the District Certificate Officer, Rohtas, Sasaram along with notice dated 30.03.2015 by which the petitioners were directed to show cause as to why requisition filed by the District Sub-Registrar, Sasaram against them for recovery of Rs. 14,09,574/- be issued.

2. Learned counsel for the petitioners sought pass over when the matter was called yesterday. None, however, appears on

Patna High Court CWJC No.12282 of 2015 dt.31-08-2018 2/2 behalf of the petitioners today despite calls being repeated after an interval.

3. Learned counsel for the respondents invites reference to paragraph 12 of the counter affidavit, according to which, pursuant to the notice issued under section 7 of the Bihar & Orissa Public Demand Recovery Act (for short, "PDR Act") on 30.03.2015, the petitioners filed objection petition under Section 9 of the PDR Act.

4. Having regard to the nature of the grievance of the petitioners and the stand of the respondents in paragraph 12 of the counter affidavit as stated above, this Court is not inclined to enter into the merits of the matter. The writ petition is disposed of with a direction to the District Certificate Officer, Rohtas at Sasaram (respondent no. 7) to consider and dispose of the petitioners' objection petition under Section 9 of the PDR Act, said to have been filed by the petitioners on 30.03.2015, if still pending, in accordance with law. I.A. No. 8826 of 2016 also stands disposed of.

(Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10.09.2018 Transmission Date N.A.