Nitya Nand Sinha Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Nitya Nand Sinha Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to file objections under Section 9 of the Act of 1914 before the Certificate Officer within four weeks; objections to be considered in accordance with law and orders passed under Section 10 of the Act of 1914 with opportunity of hearing; exercise preferably completed within eight weeks of filing objections; order to be communicated to the parties.

Issue for consideration

Whether the writ petition challenging the notice issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 should be entertained by the High Court, or whether the petitioner should be relegated to the statutory remedy of filing objections under Section 9 of the said Act before the Certificate Officer.

Court's answer

The Court declined to entertain the writ petition challenging the notice issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914.

Ratio / Principle

If so advised, the petitioner is directed to file his objections under Section 9 of the Act of 1914 before the Certificate Officer within a period of four weeks.

Key takeaways

On such objections being filed, they shall be considered in accordance with law and necessary orders shall be passed under Section 10 of the Act of 1914.ratio¶18
The petitioner shall be given an opportunity of hearing before any orders are passed.ratio¶18
The entire exercise is to be completed as expeditiously as possible, preferably within a period of eight weeks from the date of filing of the objections by the petitioner, and any order passed shall be communicated to the parties.ratio

Detailed headnote1 paragraphs

Public Demands Recovery — Notice under Section 7, Bihar and Orissa Public Demands Recovery Act, 1914 — Writ petition against certificate notice not entertained; petitioner relegated to statutory remedy of filing objections under Section 9 of the Act before the Certificate Officer within four weeks — Objections to be considered in accordance with law and necessary orders passed under Section 10 of the Act — Opportunity of hearing to be afforded before any orders — Entire exercise preferably to be completed within eight weeks from filing of objections — Order to be communicated to parties — Writ petition disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6521 of 2024

======================================================

Nitya Nand Sinha Son of Upendra Nand Sinha @ Upendra Nand Singh Resident of Village- Ghorhahuwan, P.S.- Masaurhi, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Through its Principal Secretary, Minor Water Resources Department, Government of Bihar, Patna.

The Engineer-in-Chief, Minor Water Resources Department, Government of Bihar, Patna.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Patna.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., District- Buxar.

The District Magistrate, District- Buxar.

The Additional Collector cum Certificate Officer, District-Buxar.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Adv. For the State : Mr. Md. Khurshid Alam, AAG-12 For the B.S.F.C. : Mr. Shailendra Kr. Singh, Adv. Mr. Utkarsha Utpal, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

6 17-12-2024 Heard the parties.

Having regard to the fact that the petitioner has challenged the notice issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as ‘the Act of 1914’), this Court is not inclined to entertain the present writ petition. If the petitioner is so advised, he is directed to file his objections under Section 9 of the Act of 1914 before the Certificate Officer within a period of four weeks from today and on such objections being filed, the same

Patna High Court CWJC No.6521 of 2024(6) dt.17-12-2024 2/2

shall be considered in accordance with law and necessary orders shall be passed under Section 10 of the Act of 1914. It is needless to mention that the petitioner shall be given an opportunity of hearing before any orders are passed. The entire exercise is to be completed as expeditiously as possible preferably within a period of eight weeks from the date of filing of the objections by the petitioner. Any order passed shall be communicated to the parties.

With the above direction, the writ petition stands disposed of.

(A. Abhishek Reddy, J)

sadique/-

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