IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19966 of 2019

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Binod Baitha, Son of Ram Naresh Baitha @ Naresh Baitha, Resident of

Village- Jagdish Pur, P.S.- Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Secretary Home Department, Government of Bihar, Patna.

3.

The Managing Director Bihar State Schedule Cast Cooperative

Development Corporation Ltd., Officers Hostel, Block-A, Baily Road,

Patna.

4.

The Secretary, Bihar State Schedule Cast Cooperative Development

Corporation Ltd., Officers Hostel, Block A, Baily Road, Patna.

5.

The State Executive Officer, Bihar State Schedule Cast, Cooperative

Development Corporation Ltd,, Officers Hostel, Block-A, Baily Road,

Patna.

6.

The District Executive Officer, Bihar State Schedule Cast Cooperative

Development Corporation, Branch Sitamarhi at Sheohar.

7.

The Deputy Collector, Land Reform-cum-Certificate Officer, Sheohar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Vijay Shankar Shrivastava, Advocate

For the Respondent/s

:

Mr. Md. N.H. Khan, SC 1

For the Respondent No. 6

Mr. Ranjeet Kumar Pandey, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 12-12-2022

Petitioner has prayed for following relief (s) : -

“i) For issuance of a writ in the nature of certiorari

for quashing the certificate case no. 36/18-19

including the initiation of the certificate case No

36/18-19 as well as application for certificate under

Section 5 of the Bihar & Orissa Public Demand

Recovery Act, 1914 (Form-2) issued under the

Patna High Court CWJC No.19966 of 2019 dt.12-12-2022

2/7

signature of the District Executive Officer, Bihar

State Schedule Cast Cooperative Development

Corporation, Branch Sitamarhi at Sheohar as

contained in Annexure-1 to the writ petition, the

Public Demand Certificate under Section 4 and 6 of

the Bihar and Orissa Public Demand Recovery Act,

(Form 1) issued without. any signature of any

authority including the Deputy Collector Land

Reform-cum-Certificate Officer, Sheohar as

contained in Annexure-2 to the writ petition and

notice dated 13.9.2018 issued under the signature of

Deputy Collector, Land Reform-Cum-Certificate

Officer, Sheohar (Respondent No. 7) in Certificate

Case No. 36/2018-19 as contend in Annexure-3 to

this writ petition whereby and whereunder a

demand of Rs. 9,99,391/-with interest till 11-3-2016

has been made from the petitioner.

ii. For issuance of a writ in the nature of Certiorari

for quashing of the application for certificate under

Section 5 of the Bihar & Orissa Public Demand

Recovery Act, 1914 (Form 2) issued under the

signature of District Executive Officer, Bihar State

Schedule Cast Cooperative Development

Corporation, Branch Sitamarhi at Sheohar

(Respondent no. 6) as contained in Annexure-1 to

this writ petition whereby and whereunder a

demand of Rs. 9,99,391/-with interest till 11-3-2016

has been made from the petitioner.

iii. For issuance of a writ in the nature of Certiorari

for quashing of the Public Demand Certificate

under Section 4 & 6 of the Bihar & Orissa Public

Demand Recovery Act, 1914 (Form 1) issued

without any signature of any authority or the

Deputy Collector, Land Reform-Cum- Certificate

Officer, Sheohar (Respondent no. 7) as contend in

Annexure-2 to this writ petition whereby and where

under a demand of Rs. 9,99,391/-with interest till

11-3-2016 has been made from the petitioner.

iv) For issuance of a writ in the nature of certiorari

quashing the notice dated 13.9.2018 issued under

the signature of Deputy Collector, Land reform-

Cum-Certificate