Geeta Prasad Singh @ Gita Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15355 of 2018 ====================================================== Geeta Prasad Singh @ Gita Singh Son of Late Jageshwar Singh @ Jagesar Singh, Resident of Village- Ohari, Police Station- Kadirganj, DistrictNawada. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Nawada.

3.

The Certificate Officer, Nawada.

4.

The District Co-operative Officer, Nawada.

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

Mr. Aditya Prakash Sahay, Adv.

Ms. Ankita Kumari, Adv.

For the Respondent/s :

Mr. Raj Ballabh Prasad Yadav -AAG-11 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 04-08-2025

1. The petitioner has filed the instant application for the following reliefs:

That this is an application for issuance of a proper writ/writs, order/orders, direction/directions to the respondents for awarding the Certificate Notice dated 19.07.2017 in Certificate Case No. 55 of 2017-18 by which a demand of Rs.

1,39,59,598,74.23 has been made from the petitioner with regard to KCC Loan from V.M.S.S., Nawada.

2/4

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. However, It is the specific contention of the learned counsel for the petitioner that no documents or notices were supplied to him, therefore, he was not in a position to file objections under Section 9 of the Act.

4. 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.

5. Taking into consideration that the documents were not supplied to the petitioner, this Court directs the petitioner to approach the Certificate Officer, within one month from the date

3/4 of receipt of this order along with a copy of this order. In turn, the Certificate Officer is directed to supply all relevant documents pertaining to the certificate case to the petitioner.

6. Considering the 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 fifteen days from the date of receiving the documents pertaining to the Certificate Case. On such objections being filed, the Certificate Officer shall pass necessary orders under Section 10 of the Act.

7. 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.

8. Till the passing of the final order by the

4/4 Certificate Officer, it is directed that no coercive steps shall be taken against the petitioner herein.

9. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Manish/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.08.2025 Transmission Date