Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16548 of 2018 ====================================================== Anil Kumar Son of Late Geeta Singh, Resident of Village- Pariyaman, P.O.- Atiyanwa, P.S.- Ghoshi, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Certificate Officer, Jehanabad.

3.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

4.

The Director, Land Acquisition Department of Revenue and Land Reforms, Government of Bihar, Patna.

5.

The Special Land Acquisition Officer, Sone Yojna, Aurangabad. 6.

The Circle Officer, Modanganj, Jehanabad.

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

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Respondent/s :

Mr.Dhurjati Kumar Pd., GP14 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 19-08-2025

1. The Writ petition is filed for the following reliefs:- "(i). For issuance of an appropriate Writ in the nature of certiorari for quashing the communication as made by the special land acquisition Officer, Sone Yojana, Aurangabad by its letter bearing number 1597 dated 21st of December 2017 by which the District Certificate Officer, Jehanabad has been asked to initiate the process for recovery of an amount of Rs.

1,24,76,200.00/- (One Crore twenty four lakh seventy six thousand two

2/4 hundred) as enclosed in Form 1 and 2.

(ii). For issuance of an appropriate Writ in the nature of certiorari for quashing the order dated 28th of December 2017, order dated 20th of February 2018 and all the consequential orders passed in case number 01/2017-18 by the Certificate Officer, by which the requisition as given by the Special Land Acquisition Officer, Sone Yojana, Aurangabad has been accepted and notices have been issued to the Petitioner u/s 7 of Bihar and Orissa public demand recovery Act and furthermore the Bailable Warrant of arrest has been issued against the petitioner.

(iii). For issuance of any other order/orders or relief/reliefs for which the petitioner may found to be entitled in the facts and circumstances of the case.

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. The Learned counsel for the respondents

3/4 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.

4. Having regard to the above made 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 a period of four weeks from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act.

5. 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.

6. 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.

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

(G. Anupama Chakravarthy, J) AMANDEEP/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.08.2025 Transmission Date