Smt. Minta Devi and Anr. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Smt. Minta Devi and Anr. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Respondent No. 5 (Certificate Officer) to pass appropriate orders under Section 10 of the Act within two months, after giving the petitioners an opportunity of hearing and considering their Section 9 objections; petitioners directed to appear before the Certificate Officer; no coercive steps against petitioners until the final order is passed; interlocutory applications stand disposed of.

Issue for consideration

Whether the certificate authorities could proceed with Certificate Case No. 199/2014-15 and act against the petitioners without passing the final order under Section 10 of the Act while the petitioners' objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 remained pending adjudication.

Court's answer

Without going into the merits or demerits, the writ petition was disposed of directing Respondent No. 5 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 petitioners; any order passed shall be communicated to the petitioners, and the petitioners are directed to appear before the Certificate Officer for proper adjudication of the case.

Key takeaways

Until the Certificate Officer passes the final order, no coercive steps shall be taken against the petitioners.ratio¶33

Detailed headnote1 paragraphs

Patna High Court (oral judgment dated 25-04-2025, G. Anupama Chakravarthy, J.) disposed of CWJC No.7854 of 2017 without entering into the merits. Petitioners had objected that, although their objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 were pending before the Certificate Officer, the respondents proceeded with Certificate Case No. 199/2014-15 (notice issued U/S 7 of the Public Demand and Recovery Act by Respondent No. 5) without a final order under Section 10. The Court directed Respondent No. 5, the Certificate Officer-cum-Additional Collector, Vaishali, to pass appropriate orders under Section 10 of the Act within two months, taking the objections into account, after giving the petitioners an opportunity of hearing and communicating the order to them; the petitioners were directed to appear before the Certificate Officer. Until the final order is passed, no coercive steps are to be taken against the petitioners. Interlocutory applications, if any, stand disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7854 of 2017

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Smt. Minta Devi wife of Late Sri Krishna Rai, resident of Village- Bakhari Supayan, Panchayat- Bakhari Barai, P.S.- Rajapakar, District- Vaishali.

Shiv Narayan Sharma, S/o Bharat Sharma, (Revenue Karamchari) Resident of Village- Badi Usufapur, P.S.- Hajipur Town,. District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar through the Principal Secretary, Panchayat Raj Departments, Bihar, Patna

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

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

Appearance :

For the Petitioner/s : Mr.Kunwar Ajit Singh For the Respondent/s : Mr.Kumar Alok-Sc7

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

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 25-04-2025

The petitioners have filed the instant application for the following reliefs:

“(i) For directing and

commanding the respondents to quash the Certificate Case No. 199/2014-15

Patna High Court CWJC No.7854 of 2017 dt.25-04-2025 2/3

instituted against petitioners as well as the notice (Annexure -4) issued against them U/S 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 petitioners contended that they have filed their 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 Respondent No. 5 to pass necessary orders under Section 10 of the Act duly taking into account the objections filed by the petitioner.

Patna High Court CWJC No.7854 of 2017 dt.25-04-2025 3/3

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 petitioners. Any order passed shall be communicated to the petitioners. Further the petitioners are directed to appear before the Certificate Officer for proper adjudication of the case.

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)

amitkr/-

AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	29.04.2025
Transmission Date	N/A