Sushil Kumar Bharti v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16287 of 2015 =========================================================== Sushil Kumar Bharti Son of Sri Ram Baran Singh, Resident of VillageBharatpur/Bharjhipur, Via- Chandan Patti, P.S.- Baligaon, Block Patepur, District- Vaishali at Hajipur .... .... Petitioner

Versus

1. The State of Bihar through Secretary Rural Development Department, Government of Bihar, Patna

2. The District Magistrate, Vaishali at Hajipur

3. The Deputy Development Commissioner, Vaishali at Hajipur

4. The District Programme Officer, Vaishali at Hajipur

5. The Block Programme Officer, Mahua, Vaishali at Hajipur

6. The District Certificate Officer, Vaishali at Hajipur

7. The Sub-Divisional officer, Mahua, Vaishali at Hajipur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shakil Ahmad Khan, Advocate For the Respondents : Mr. Ravi Bhardwaj, AC to GA 13 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-09-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs - "(a) For quashing the order/certificate case contained in Annexure-1 to this writ application.

(b) For issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondents not to recover/release the whole expense upon the various scheme of MANREGA Plantation in Gram Panchayat Gauspur Chak Mojahid Block Mahua, Vaishali at Hajipur in the year 200910.

Patna High Court CWJC No.16287 of 2015 dt.19-09-2018 2/3 (C) For a direction to the respondents to drop the proceeding of Certificate Case No. 01/2014-15 against the petitioner.

(d) For any other relief/reliefs as your Lordships may deem fit and proper in the facts and circumstances of this case."

3. It is submitted on behalf of the petitioner that the entire proceedings in Certificate Case No. 01//2014-15 against the petitioner in terms of Section 7 of the Bihar & Orissa Public Demands Recovery Act (for short, "the PDR Act") for recovery of the dues amounting to Rs. 1,61,174/- are wholly illegal and liable to be quashed.

4. Learned counsel for the respondents submits that the petitioner does not appear to have filed any petition under Section 9 of the Act denying his liability, and as such there is no illegality in the action of the Respondents.

5. With the consent of parties, the present writ petition is disposed of, granting liberty to the petitioner to file their petition under Section 9 of the Act within a period of three weeks from today, which, if done, shall be disposed of by the Certificate Officer on its own merits within a further period of four weeks thereafter in accordance with law and in terms of Section 10 of the said Act.

6. It is made clear that until disposal of such petition, if filed within the stipulated period, the District Certificate Officer, Vaishali at Hajipur shall refrain from resorting to any coercive action

Patna High Court CWJC No.16287 of 2015 dt.19-09-2018 3/3 for recovery of the dues against the petitioner in Certificate Case No. 01/2014-15.

7. The writ petition stands disposed of.

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

Uploading Date 08.10.2018 Transmission Date N.A.