Dismissed¶29

Brahamma Nand Singh v. The State Of Bihar and Ors.

Patna HC21 Jan 2025CWJC/7512/2018

Case brief

AI extract

What is this about?

Alternative remedy; Public Demand Recovery Act; certificate proceeding; Certificate Officer-cum-Additional District Magistrate (Law and Order), Patna; requisition by Land Acquisition Officer, Patna; demand of Rs.22,01,774/-; show-cause and objection provisions; writ dismissed with liberty to file objection; 90-day timeline for adjudication of objection; jurisdictional challenge to recovery notice rejected.

What did the court decide?

Liberty to the petitioner to file his objection before the Certificate Officer-cum-Additional District Magistrate, Law and Order, Patna; if already filed, the Certificate Officer shall pass order on the said objection within 90 days from the date of production of this order. ¶29

Brahamma Nand Singh Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether Annexure-8 (Letter No.17 dated 31.03.2018), directing the petitioner to deposit Rs.22,01,774/-, was issued without jurisdiction such that the certificate proceeding before the Certificate Officer-cum-Additional District Magistrate, Law and Order, Patna should be set aside. +1 more

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Court's answer

Annexure-8 was issued from the Court of the Certificate Officer under the Public Demand Recovery Act, following a requisition filed by the Land Acquisition Officer, Patna intimating the petitioner to deposit the amount.

¶25

Ratio / Principle

Under the Public Demand Recovery Act, the provision of filing show-cause is available to the petitioner.

¶27

Key takeaways

The petitioner ought to have taken the remedy available to him under the law itself, i.e., the Public Demand Recovery Act, by way of filing objection, and not approached this Hon'ble Court; the Court is therefore not inclined to interfere.ratio¶28
The writ petition stands dismissed with liberty to the petitioner to file his objection before the Certificate Officer-cum-Additional District Magistrate, Law and Order, Patna; if already filed, the Certificate Officer shall pass order on the said objection within 90 days from the date of production of this order.ratio¶29

Detailed headnote1 paragraphs

Patna High Court, CWJC No.7512 of 2018 (Dr. Anshuman, J., 21-01-2025): The petitioner sought quashing of Letter No.17 dated 31.03.2018 (Annexure-8) issued from the office of the Certificate Officer-cum-Additional District Magistrate, Law and Order, Patna, directing him to deposit Rs.22,01,774/- before 28.04.2018 under a certificate proceeding initiated on the requisition of the Land Acquisition Officer, Patna, failing which warrant of arrest and attachment of property would follow. The petitioner contended the notice was without jurisdiction; the State contended the proceeding was lawful and the remedy lay in appeal. Holding that show-cause/objection provisions are available under the Public Demand Recovery Act, the Court declined to interfere and dismissed the writ petition, granting liberty to file an objection before the Certificate Officer, to be decided within 90 days of production of the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7512 of 2018

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

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Brahamma Nand Singh S/o Late Binda Singh R/o Village - Sikandarpur, P.O. Katesar, P.S. Bihta, District - Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar through Commissioner-cum-Secretary, Department of Revenue, Government of Bihar, Patna

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Commissioner-cum-Secretary, Department of Revenue, Government of Bihar, Patna.

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Director Land Acquisition, Government of Bihar, Patna.

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Collector-cum-District Magistrate, Patna.

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District Land Acquisition officer, Patna.

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Certificate Officer-cum-Additional District Magistrate, Law and Order, Patna.

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Additional District Land Acquisition Officer, Patna.

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Shiv Kumar Singh S/o Late Binda Singh resident of Village Sikandarpur, P.O. Katesar, P.S. Bihta, District - Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Prasad Bhartee, Advocate For the Respondent/s : Mr. Raj Kishore Roy (GP-18) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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5 21-01-2025

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Heard Learned Counsel for the petitioner and Learned

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Counsel for the State.

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The present writ petition has been filed for quashing of the order contained in Letter No.17 dated 31.03.2018 (annexed as Annexure-8) issued from the office of Respondent no.6, by which the petitioner was directed to deposit Rs.22,01,774/- (Twenty Two Lakhs One Thousand Seven Hundred Seventy Four) before 28.04.2018, otherwise,

¶21

Patna High Court CWJC No.7512 of 2018(5) dt.21-01-2025 2/3

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warrant of arrest and attachment of property would be made against the petitioner.

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Learned Counsel for the petitioner submits that Annexure-8 has been issued without jurisdiction. He submits that since, certificate proceeding is without jurisdiction, therefore, interference may be made by this Hon’ble Court in this matter and entire proceeding pending before the Certificate Officer-cum-Additional District Magistrate, Law and Order, Patna should be set aside.

¶24

Learned Counsel for the State on the other hand submits that certificate proceeding has been initiated which is completely in accordance with law and the requisition for initiation of certificate proceeding has been initiated at the level of Land Acquisition Officer, Patna. And therefore, the actual remedy available to the petitioner is by way of filing appeal and not before this Hon’ble Court.

¶25

After Perusal of Annexure-8, it transpires to this Court that Land Acquisition Officer, Patna has filed the requisition intimating the petitioner to deposit the said amount, otherwise, arrest warrant would be issued. It also transpires to this Court that Annexure-8 has been issued from the Court of Certificate Officer under the Public Demand Recovery Act. It is

¶26

Patna High Court CWJC No.7512 of 2018(5) dt.21-01-2025 3/3

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made clear that under Public Demand Recovery Act, the provision of filing show-cause is available to the petitioner.

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Hence, this Court is of the firm view that the petitioner ought to have take remedy available to him under the law itself which is Public Demand Recovery Act by way of filing objection and not before this Hon’ble Court. Therefore, this Court is not inclined to interfere in this matter.

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Accordingly, this writ petition stands dismissed with liberty to the petitioner that he may file his objection before the Certificate Officer-cum-Additional District Magistrate, Law and Order, Patna and if, it has already been filed, then the Certificate Officer-cum-Additional District Magistrate, Law and Order, Patna shall pass order on the said objection within 90 days from the date of production of this order.

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(Dr. Anshuman, J)

¶31

Divyansh/-

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Brahamma Nand Singh v. The State Of Bihar and Ors.

Case brief

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Brahamma Nand Singh v. The State Of Bihar and Ors.

Case brief

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What the court decided

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