Shyam Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12998 of 2025 ====================================================== Shyam Babu Sah Son of Late Ramswarup Sah, Resident of Village- Shri Khandi Bhitta, Post- Shri Khandi Bhitta, Police Station- Sursand, DistrictSitamarhi, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Magistrate-cum-Collector, Sitamarhi. 3.

The District Land Acquisition Officer, Sitamarhi. 4.

The Certificate Officer, Sitamarhi.

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the Respondent/s :

Mr. Manoj Kumar Ambastha, SC 26 Mr. Santosh Kumar Mishra, AC to SC 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2025

1. Heard the parties.

2. The petitioner has challenged the initiation of Certificate Case No. 01 / 2024-25 by the Certificate Officer, Sitamarhi for recovery of Rs. 2,83,753/- towards excess payment made to the petitioner as compensation for acquisition of his land.

3. Learned counsel for the petitioner submits that petitioner has a piece of land situated at Khata No. 473, Khesra No. 13949 measuring 0.02 dismil situated at village - Shrikhandi Bhitta, P.S.- Sursand in the District - Sitamarhi which was acquired and compensation was paid to the petitioner and now certificate proceeding has been initiated for recovery of the aforesaid amount on the ground that excess payment

Patna High Court CWJC No.12998 of 2025(2) dt.27-11-2025 2/2 towards compensation was paid to the petitioner

4. Learned counsel for the State submits that the petitioner may raise his objection before the respondent no. 4 -Certificate Officer, Sitamarhi who shall consider the same under Section 9 of the Public Demands Recovery Act in accordance with law.

5. Considering the nature of dispute, this writ application is disposed with liberty to the petitioner to file objection if the same has not been filed as yet and if objection is already filed the petitioner is given liberty to file a supplementary objection for consideration of the Certificate Officer, Sitamarhi. If such an objection or supplementary objection is filed by the petitioner, the respondent no. 4 / Certificate Officer, Sitamarhi shall dispose the same in accordance with law and by a reasoned order within a reasonable time frame preferably within a period of three months from the date of filing of the objection / supplementary objection.

praful/- (Anil Kumar Sinha, J) U