Patna High Court
RafiuzzamaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The writ petition is dismissed because the petitioners have a remedy under Section 9 of the Bihar and Orissa Public Demand Recovery Act and the demand notices are not amenable to judicial interference.
Summary
The petitioners, a group of students from Begusarai, filed a writ petition seeking quashing of demand notices for recovery of educational loans under the Bihar Student Credit Card scheme, alleging fraud and misappropriation by the respondents. They also requested an interim stay of the recovery proceedings and compensation for alleged damages. The respondents, including the State of Bihar and the Bihar State Education Finance Corporation Limited, countered that the petitioners are defaulters and that certificate proceedings under the Bihar and Orissa Public Demand Recovery Act have been duly initiated. The court noted that the petitioners have a statutory remedy to appear before the Certificate Officer and file objections under Section 9 of the Act. Since the demand notices are not under challenge and the appropriate remedy exists, the court disposed of the writ application. The petition was dismissed.
Issues considered
- Whether the demand notices for educational loan recovery can be quashed by a writ petition
- Whether the petitioners have a statutory remedy under the Bihar and Orissa Public Demand Recovery Act
- Whether an interim stay of the recovery proceedings is warranted
Legislation cited
- Bihar and Orissa Public Demand Recovery Act — s. 9
Subjects
- educational loan
- public demand recovery
- writ petition
- fraud
- misappropriation
- interim stay
- compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1926 of 2025
======================================================
1. Rafiuzzama Son of Md. Kausar Ali, Resident of Village- Laruara, P.S. Mu-
fassil Begusarai, District- Begusarai.
2. Hena Parveen D/o Md. Ejaz, Resident of Village- Laruara, P.S. Mufassil Be-
gusarai, District- Begusarai.
3. Asma Khatoon D/o Md. Naushad Ali, Resident of Village- Laruara, P.S. Mu-
fassil Begusarai, District- Begusarai.
4. Md. Tausif S/o Md. Vismil, Resident of Village- Laruara, P.S. Mufassil Be-
gusarai, District- Begusarai.
5. Saifullah S/o Md. Kurais, Resident of Village- Laruara, P.S. Mufassil Be-
gusarai, District- Begusarai.
6. Md. Abu Wakar S/o Md. Amim Ansari, Resident of Village- Laruara, P.S.
Mufassil Begusarai, District- Begusarai.
7. Md. Tanweer S/o Md. Naushad Alam, Resident of Village- Laruara, P.S. Mu-
fassil Begusarai, District- Begusarai.
8. Ruhi Parveen D/o Md. Ahrar, Resident of Village- Laruara, P.S. Mufassil
Begusarai, District- Begusarai.
9. Md. Rashid S/o Md. Yusuf, Resident of Village- Laruara, P.S. Mufassil Be-
gusarai, District- Begusarai.
10. Mantasha Parveen D/o Aftab Alam, Resident of Village- Laruara, P.S. Mu-
fassil Begusarai, District- Begusarai.
11. Albina Parveen D/o Aftab Alam, Resident of Village- Laruara, P.S. Mufassil
Begusarai, District- Begusarai.
12. Md. Salman S/o Aftab Alam, Resident of Village- Laruara, P.S. Mufassil Be-
gusarai, District- Begusarai.
13. Md. Rehan Aftab S/o Aftab Alam, Resident of Village- Laruara, P.S. Mu-
fassil Begusarai, District- Begusarai.
14. Md. Faizan Alam S/o Aftab Alam, Resident of Village- Laruara, P.S. Mu-
fassil Begusarai, District- Begusarai.
15. Mahfuz Alam S/o Md. Nasim, Resident of Village- Laruara, P.S. Mufassil
Begusarai, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Addl. Chief Secretary/Principal Secretary, Higher Education
Department, Government of Bihar, Patna.
3. The District Programme Officer, Yojna and Lekha, Begusarai.
4. The Bihar State Education Finance Corporation Limited, through its
Managing Director, Begusarai.
5. The Assistant Manager Yojna, the Bihar State Education Finance
Corporation Limited, Begusarai.
6. Dr. Mandan Mishra Sanskrit College Sanjala, Begusarai-851133 through its
Secretary of Managing Committee.
... ... Respondent/s
Patna High Court CWJC No.1926 of 2025(2) dt.06-07-2026
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======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar, Advocate
Mr. Hafiz Shahbaz Arif, Advocate
For the State : Mr.Manoj Kumar, AC to G.P.-4
For the B.S.E.F.C.L : Mr. Kumar Ravish, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Shri Binay Kumar along with Shri Hafiz
Shahbaz Arif, learned Advocates for the petitioners, Shri Manoj
Kumar, learned AC to GP-4 for the State and Shri Kumar
Ravish, learned counsel for the Bihar State Education Finance
Corporation Limited (B.S.E.F.C.L).
2. In the present writ application the petitioners has
prayed for the following reliefs:-
(i) For issuance of an appropriate writ, order or
direction for quashing the demand notices issued against the
petitioners for recovery of educational loan along with
interest sanctioned to the petitioners under the Bihar Student
Credit card scheme as detailed in the notices.
(ii) For issuance of an appropriate writ or
direction granting ad-interim stay of the proceeding initiated
against the petitioners for recovery of loan during the
pendency of this writ petition.
(iii) For issuance of an appropriate writ order or
direction restraining the respondents from recovering the loan
amount sanctioned to them as the Major part of the loan has
been misappropriated by the respondents in collusion and
conspiracy with each other.
(iv) For issuance of an appropriate writ order o
direction for initiation of appropriate legal proceedings for
committing fraud and forgery with the petitioners and ruining
Patna High Court CWJC No.1926 of 2025(2) dt.06-07-2026
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their entire future career.
(v) For issuance of an appropriate writ order or
direction for payment of adequate compensation to the
petitioners as a big fraud has been committed by the
respondent by ruining their future educational as well as
employment career.
(vi) For any other relief/reliefs for which the
petitioner is found to be entitled under the provision of law
involved in the present case.
3. The counter affidavit on behalf of respondent no.4 is
on record, which has been received by the petitioner on
11.02.2025, but no rejoinder has been filed to the counter
affidavit by the petitioner till date. For present adjudication
paragraphs 8 and 9 of the counter affidavit are reproduced
hereinbelow:-
“8. That all these petitioners are defaulters in re
payment of education loan amount and thus against them cer-
tificate cases under the provisions of Bihar and Orissa Pub-
lic Demand Recovery Act were instituted before the compe-
tent Certificate Officer as per the terms and conditions of the
education loan executed between the parties and all of them
were noticed by the concerned Certificate Officer. The de-
tails of the certificate cases of these petitioners are tabulated
hereunder: -
Patna High Court CWJC No.1926 of 2025(2) dt.06-07-2026
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Pet. No. Student Name Certificate/ Case No.
1. MD RAFIUZZAMA 248/23-24
2. HENA PERWEEN 145/23-24
3. AASMA KHATOON 249/23-24
4. MD TAUSIF 147/23-24
5. MD SAIFULLAH 146/23-24
6. MD ABUBAKAR 264/23-24
7. MD TANWEER 507/24-25
8. RUHI PARWEEN 468/24-25
9. MD RASHID 447/24-25
10. MANTASHA PERWEEN 458/24-25
11. ALBINA PERWEEN 498/24-25
12. MD SALMAN ALAM 456/24-25
13. MD REHAN AFTAB 509/24-25
14. MD FAIZAN ALAM 452/24-25
15. MD MAHFUZ ALAM 511/24-25
9. That all these petitioners, thus, have the remedy to appear
before the Certificate Officer, if not already appeared, and
filed their statutory objections as per the provisions of the
Bihar and Orissa Public Demand Recovery Act”.
4. Since the certificate proceeding has already been
initiated against the petitioners and notices in this regard are not
under challenge. The petitioners have an opportunity to present
their side by filing objections under Section 9 of the Bihar and
Orissa Public Demand Recovery Act.
5. Accordingly, the present writ application is disposed
off.
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(Vikash Kumar, J)
rohit/-
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