Md. Izhar Husain @ Izhar Husain Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Md. Izhar Husain @ Izhar Husain Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without entering merits; liberty granted to the petitioner to file fresh objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 before Respondent No. 5 (Certificate Officer) within four weeks, with directions to the authority to pass orders under Section 10 after giving an opportunity of hearing and communicating the order, completing the exercise preferably within three months; no coercive steps against the petitioner till the Certificate Officer passes the final order; pending IAs disposed of.

Issue for consideration

Whether the Certificate Case No. 148/2014-15 instituted against the petitioner and the notice (Annexure-4) issued against her under the Public Demands Recovery Act by respondent No. 5 (Certificate Officer) are liable to be quashed.

Court's answer

Without going into the merits or demerits of the case, the writ petition is disposed of granting the petitioner liberty to file objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 before Respondent No. 5 within four weeks.

Ratio / Principle

On such objections being filed, the authority concerned (Respondent No. 5) shall pass necessary orders under Section 10 of the Act, duly taking into account the objections filed by the petitioner.

Key takeaways

Before passing any order, the authority concerned shall give the petitioner an opportunity of hearing, and any order passed shall be communicated to the petitioner.ratio¶¶33
The entire exercise shall be completed as expeditiously as possible, preferably within three months from the date of filing of the objections by the petitioner.ratio¶¶33
As an interim measure, until the passing of the final order by the Certificate Officer, no coercive steps shall be taken against the petitioner.ratio

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.15773 of 2017 (oral judgment dated 19-06-2025, Smt. G. Anupama Chakravarthy, J.) — Md. Izhar Husain @ Izhar Husain v. The State of Bihar and others. The petitioner sought quashing of Certificate Case No. 148/2014-15 and the notice (Annexure-4) issued against him/her under the Public Demands Recovery Act by Respondent No. 5, the Certificate Officer-Cum-Additional Collector, Vaishali. Without going into the merits or demerits, and on the joint request of both sides, the Court disposed of the writ petition granting liberty to file fresh objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 before Respondent No. 5 within four weeks; on such objections being filed, the authority is to pass necessary orders under Section 10 of the Act, after affording an opportunity of hearing and communicating the order, completing the entire exercise preferably within three months. Till the passing of the final order by the Certificate Officer, no coercive steps shall be taken against the petitioner. Pending interlocutory application(s), if any, stand disposed of. No case law was cited or discussed.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15773 of 2017

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Md. Izhar Husain @ Izhar Husain Son of Md. Yunus, Resident of VillageBhadrna, P.S. Vaishali, District-Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar through the Principal Secretary Panchayati Raj Department, Bihar Patna

The Director, Panchayati Raj, Department, Bihar.

The District Panchayat Raj Officer, Vaishali at Hajipur.

The District Magistrate, Vaishali at Hajipur.

The Certificate Officer-Cum-Additional Collector, District-Vaishali.

The Deputy Development Commissioner-Cum-Chief Executive Officer, District-Vaishali.

The Sub-Divisional Officer Hajipur, Vaisahli.

The Deputy Collector, Land Reforms Hajipur, Vaishali.

The Block Development Officer-cum-Executive Officer Panchayati Samiti Prakhand, Lalganj, Vaishali.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate For the Respondent/s : Mr. K.P.Gupta-GP 10

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

ORAL JUDGMENT Date : 19-06-2025

The petitioner has filed the Writ

petition for the following reliefs:

“i. For directing and commanding the respondents to quash the Certificate Case No. 148/2014-15 instituted against her as well as the notice (Annexure -4) issued against her U/S of the Public Demand and Recovery Act by respondent No. 5 the Certificate

Patna High Court CWJC No.15773 of 2017 dt.19-06-2025 2/3

Officer.

(ii) Pass such other or further order(s) direction(s) as the Hon'ble Court may deem fit and proper in facts and circumstances of the case and to meet the end of Justice.

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.

The Learned counsel for the respondents reported that he has no objection, if a direction is given to the respondent No. 5 to pass necessary orders under Section 10 of the Act duly taking into account the objections filed by the petitioner.

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 his objections under Section 9 before the Respondent No. 5 within a period of four weeks

Patna High Court CWJC No.15773 of 2017 dt.19-06-2025 3/3

from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Act.

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.

Till the passing of the final order by the Certificate Officer, it is directed that no coercive steps shall be taken against the petitioner herein.

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

(G. Anupama Chakravarthy, J)

Spd/-

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CAV DATE	NA
Uploading Date	20.06.2025
Transmission Date