Ajay Nayak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20535 of 2018 ====================================================== Ajay Nayak son of Late Satyendra Nayak Resident of Village- Ghoghardiha, P.S. Ghoghardiha, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner Darbhanga.

3.

The District Magistrate Madhubani.

4.

The District Sub- Registrar, Madhubani.

5.

The Registrar Phulparas, District Madhubani.

6.

The District Certificate Officer, Madhubani.

7.

The Sub- Divisional Officer Phulparas, District- Madhubani. 8.

The Certificate Officer Phulparas, Madbhubani. null null ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Adv.

For the Respondent/s :

Mr. Kumar Manish -Sc5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 04-08-2025

1. The Writ petition is filed for the following reliefs:

"A. .....For issuance of directions/ orders or Writ in the nature of a certiorari setting aside the impugned order dated 02.09.2013 in certificate Case No. 56 of 2013-14 by the District Certificate Officer,

2/4 Madhubani (annexure-3) and consequently, issued requite certificate dated 26.08.2013 by Sub-registrar Phulparas (annexure-2) whereby and whereunder respondent authorities directing to the petitioner to deposit Rs.

1,96,232/- (One lakh ninety six thousand two hundred thirty two rupees) is illegally without valid justification merely and technical ground.

B. Any other writ or writs for granting any relief or reliefs for which the petitioner is found entitled to the fact and circumstances of the present 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 submitted that he has no objection, if a direction is given to the concerned authority to

3/4 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 Certificate Officer, it is directed that no coercive

4/4 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 05.08.2025 Transmission Date