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Patna High Court

Uday Sharma @ Uday Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner may be given six weeks to pay the certificate amount, after which the authority shall discharge him if payment is made, otherwise may proceed under Section 10 of the Bihar & Odisha Public Demands Recovery Act, 1914.

Summary

The petitioner, Uday Sharma, filed a writ petition seeking direction for the authorities to accept his payment of an outstanding certificate amount and to close the certificate proceedings against him. He expressed willingness to pay the due amount and requested the court’s intervention. The court, after hearing counsel, granted the petitioner six weeks to make the payment to the District Certificate Officer. It directed that if the full amount is paid within this period, the authority must pass final orders discharging the petitioner of any liability; if not, the authority may take action under Section 10 of the Bihar & Odisha Public Demands Recovery Act, 1914. Consequently, the writ petition was disposed with the said directions.

Issues considered

  • Whether the court can direct the Certificate Officer to accept the petitioner’s payment and close the certificate proceedings.
  • What legal consequences follow if the petitioner fails to pay the outstanding amount within the stipulated time?

Subjects

  • writ jurisdiction
  • certificate proceedings
  • public demands recovery
  • payment of dues
  • discharge of liability
  • section 10

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.17977 of 2025
                 ======================================================
                 Uday Sharma @ Uday Prasad Singh Son of Ambica Singh @ Amir Singh,
                 resident of Village-Khudauri, P.O.-Hulasganj, District-Jahanabad.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of Mining,
                 Bihar, Patna.
           2.    The District Certificate Officer, Mining Jahanabad Division, Jahanabad.
           3.    The Assistant Mining Officer, Jahanabad.
           4.    Action Letter Officer cum Block Development Officer, Hulasganj, District-
                 Jahanabad.
           5.    The District Magistrate, Jahanabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Gautam Shah, Adv.
                                         :     Mr. Rajeev Kumar, Adv.
                 For Mines               :     Mr. Naresh Dikshit, Adv.
                 For the Respondent/s    :     Mr. Manoj Kumar Ambastha, SC26
                                         :     Mr. Santosh Kumar Mishra, AC to SC26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   27-01-2026                   Learned counsel appearing on behalf of the petitioner

                   submits that the petitioner is willing to pay the outstanding due

                   amount to the Certificate Officer and the authority may be

                   directed to receive the same and close the certificate

                   proceedings against the petitioner.

                                 2.     Having regard to the same, the present writ

                   petition is disposed of granting six weeks’ time to the petitioner

                   to pay the certificate amount before the respondent No. 2 herein

                   (i.e., the District Certificate Officer, Mining Jehanabad Division,

                   Jahanabad). In case the petitioner pays the entire certificate
          Patna High Court CWJC No.17977 of 2025(2) dt.27-01-2026
                                                     2/2




                    amount, the authority shall pass the final orders discharging the

                    petitioner of any liability. In case the petitioner does not pay the

                    amount as undertaken by him, the authority is free to take

                    necessary action while passing final orders under Section 10 of

                    the Bihar & Orrisa Public Demands Recovery Act, 1914.

                                3. With the above direction, the present writ petition

                    stands disposed of.



                                            (A. Abhishek Reddy, J)
Ayush/-

U


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