Arun Kumar Singh and Anr. v. The State Of Bihar and Ors.
Bihar and Orissa Public Demands Recovery Act, 1914 – Sections 7, 9 and 10
Case brief
What is this about?
Patna High Court CWJC No.7365 of 2017, decided 19-04-2025 by G. Anupama Chakravarthy J (oral judgment, NAFR): writ petition seeking quashing of Certificate Case No. 191/2014-15 and notice under S.7 of the Public Demand and Recovery Act issued by the Certificate Officer (Respondent No. 5) against petitioner No. 2, a Panchayat Secretary; objections under S.9 of the Bihar and Orissa Public Demands Recovery Act, 1914 pending and no final order under S.10 passed; petition disposed of without entering merits, directing the Certificate Officer to pass orders under S.10 within two months after hearing petitioner No. 2 and communicating the order; petitioner No. 2 to appear before the Certificate Officer; no coercive steps till final order; petition dismissed as withdrawn against deceased petitioner No. 1.
What did the court decide?
Writ petition disposed of with directions to Respondent No. 5 (Certificate Officer) to pass appropriate orders under Section 10 of the Act within two months, duly taking into account the objections filed by petitioner No. 2, after giving him an opportunity of hearing and communicating the order to him; petitioner No. 2 directed to appear before the Certificate Officer; no coercive steps against petitioner No. 2 till the final order; petition dismissed as withdrawn against deceased petitioner No. 1; interlocutory applications disposed of.