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Judgment
Date : 07-08-2026
The Writ petition has been filed for the following reliefs:
“1.That the petitioner above-named craves for indulgence of this Hon'ble Court by way of issuance of any appropriate writ/writs, setting aside/quashing the certificate case No.303-305/2014-15 initiated against this petitioner under Public Demand Recovery Act as well as all or any consequential coercive steps like proceeding of attachment vide notice dated 07.01.2019 jointly with one Rajendra Singh, the Panchayat Secretary for recovery of some amount alongwith 12% per annum interest on the ground that under a scheme of 12th finance year for solar lamps in which it has been stated that the petitioner alongwith the then Panchayat Secretary in her capacity of Mukhiya has purchased the said solar lamps on higher prices in the year 2006-07, 2008-09 and 2009-10 for which a liability of Rs.1,27,424, 1,48,893/-and 2,06,881/- respectively alongwith amount of interest has arbitrarily and illegally fixed upon the petitioner without affording any opportunity of hearing whereas the petitioner has very much done the whole works of scheme as per rules by inviting quotations and only upon selections of Agency of repute by the Aam Sabha the solar lamps have been purchased and there has been no question of excess payment as all the payments were made through cheques and now after all most elapse of more than six years of completing the said scheme under some conspiracy such illegal demand of recovery from the petitioner is being raised. And/or for any other relief or reliefs for which petitioner is found entitled to, in the facts and circumstances of this case.
During the course of arguments, the Learned counsel for the petitioner fairly submitted that, in response to the first notice, the petitioner had filed a detailed objection before the Certificate Officer, Vaishali at Hajipur under Section 9 of the Public Demands Recovery Act (hereinafter referred to as "the Act"), raising objections to the said notice.
It is submitted that, instead of passing an order under Section 10 of the Act on the said objection, the respondents issued the second notice and thereafter, also issued a warrant of arrest, which is also challenged by the petitioner in the present writ petition.
By virtue of the order of this Court dated 15.10.2019, Certificate Case No. 305 of 2014-15 pending before the Certificate Officer, Vaishali at Hajipur, was stayed and in view of the stay proceedings, the respondents have not passed any order under Section 10 of the Act.
Since, the petitioner has already filed his objection under Section 9 of the Act, this Court is of the considered view that it would be just appropriate for the Certificate Officer to consider the same and pass an appropriate order under Section 10 of the Act in accordance with law, after considering all the claims and contentions of the parties.
Accordingly, this Court directs concerned respondents to pass an appropriate order under Section 10 of the Act in Certificate Case No. 305 of 2014-15. Before passing such order, the petitioner shall be given a reasonable opportunity of hearing and till the passing of such order, no coercive steps shall be taken against the petitioner.
Further, the Certificate Officer, Vaishali at Hajipur shall dispose of the case within three months from the date of receipt of this order.
With the above said observation, the Writ petition is disposed of.
Interlocutory application(s), if any, shall also stand disposed of.