Smt. Pramila Devi @ Urmila Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Smt. Pramila Devi @ Urmila Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: Respondent No. 5 (Certificate Officer) directed to pass appropriate orders under Section 10 of the Act within two months, after giving the petitioner an opportunity of hearing and communicating the order; petitioner directed to appear before the Certificate Officer; no coercive steps against the petitioner till the final order; interlocutory application(s), if any, stand disposed of.

Issue for consideration

Whether the Certificate Case No. 196/2014-15 instituted against the petitioner and the notice (Annexure-4) issued against her under Section 7 of the Public Demand and Recovery Act by respondent No. 5, the Certificate Officer, should be quashed. +1 more

Court's answer

Without going into the merits or demerits of the case, the writ petition is disposed of, directing Respondent No. 5 (the Certificate Officer) to pass appropriate orders under Section 10 of the Act within a period of two months.

Ratio / Principle

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; and the petitioner is directed to appear before the Certificate Officer for proper adjudication of the case.

Key takeaways

Till the passing of the final order by the Certificate Officer, no coercive steps shall be taken against the petitioners.ratio¶34

Detailed headnote1 paragraphs

Patna High Court, CWJC No.7464 of 2017 (G. Anupama Chakravarthy, J, oral judgment, 19-04-2025) — Smt. Pramila Devi @ Urmila Devi v. State of Bihar and others. The petitioner sought quashing of Certificate Case No. 196/2014-15 and the Annexure-4 notice issued against her under Section 7 of the Public Demand and Recovery Act by respondent No. 5, the Certificate Officer-cum-Additional Collector, Vaishali. Her objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 were pending before the Certificate Officer, and the respondents had proceeded without a final order under Section 10 of the Act. Without entering into the merits, the Court disposed of the petition, directing respondent No. 5 to pass appropriate orders under Section 10 within two months, with an opportunity of hearing to the petitioner, communication of the order, and the petitioner's appearance before the Certificate Officer; until the final order, no coercive steps were to be taken against her. Interlocutory application(s), if any, stand disposed of. NAFR.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7464 of 2017

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Smt. Pramila Devi @ Urmila Devi Wife of Nabal Kishor Singh, Resident of Village Rajapakar Panchayat- Rajapakar North, P.S. Rajapakar, DistrictVaishali.

... ... Petitioner/s

Versus

The State Of Bihar and Ors

The Director of Panchayati Raj Department, Bihar.

The District Panchayati 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, Mahuha, Vaishali.

The Deputy Collector, Land Reforms Mahuha, Vaishali.

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

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate For the Respondent/s : Mr.Manish Kumar, AC to Ex. AAG 6 Incharge AAG 5

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT

Date : 19-04-2025

The petitioner has filed the instant

application for the following reliefs:

“(i) For directing and commanding the respondents to quash the Certificate Case No. 196/2014-15 instituted against petitioner as well as the notice (Annexure -4) issued against her U/S

Patna High Court CWJC No.7464 of 2017 dt.19-04-2025 2/4

7 of the Public Demand and Recovery Act by respondent No. 5 The Certificate 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 ends of justice.

Learned counsel for the petitioner contended that he has filed her objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 before the authority and the same is pending with the Certificate Officer. Further it is contended that without passing the final order under Section 10 of the Act the respondents proceeded with the case.

Learned counsel for the respondents reported that he has no objection, if a direction is issued to

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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 submissions and without going into the merits or demerits of the case, the present writ petition is disposed of directing Respondent No. 5 to pass appropriate orders under Section 10 of the Act within a period of two months from today.

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. Further the petitioner is directed to appear before the Certificate Officer for proper adjudication of the case.

Patna High Court CWJC No.7464 of 2017 dt.19-04-2025 4/4

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

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

(G. Anupama Chakravarthy, J)

Spd/-

AFR/NAFR NAFR CAV DATE NA Uploading Date 19.04.2025 Transmission Date