Patna High Court
Sachendra Sharma @ Shatyendra SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the writ petition is not maintainable because the petitioner has an alternative and efficacious statutory remedy of filing an appeal under Section 60, and therefore the petition was disposed of.
Summary
The petitioner, Sachendra Sharma, filed a writ petition seeking a certiorari to quash an order dated 12-02-2026 issued by the Certificate Officer under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914, which directed payment of Rs. 1,27,90,425. The Court, without examining the merits, noted that the petitioner has an alternative statutory remedy – an appeal under Section 60 of the same Act to the Collector. Consequently, the Court declined to entertain the writ petition, directing the petitioner to pursue the statutory appeal within four weeks. The petition was therefore disposed of, granting liberty to the petitioner to avail the appeal. The order emphasizes the principle that a writ cannot be entertained when a specific statutory remedy is available.
Issues considered
- Whether a writ petition under Article 226 is maintainable when a specific statutory appeal under Section 60 of the Bihar and Orissa Public Demands Recovery Act, 1914, is available.
- Whether the order passed by the Certificate Officer under Section 10 can be quashed by a writ of certiorari.
Legislation cited
Subjects
- writ petition
- certiorari
- statutory appeal
- public demands recovery
- administrative law
- Section 10
- Section 60
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8098 of 2026
======================================================
Sachendra Sharma @ Shatyendra Sharma son of Late Kunjbihari Ray,
resident of Mohalla-Sharma House, Quila Bandh Chowk, Mehdi Hassan
Road, Brahampura, P.S.- Brahhampura, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Govt. of Bihar, Patna.
2. The District Magistrate-cum-Collector, Muzaffarpur.
3. The Certificate Officer, -cum-Deputy Development Commissioner, District
Rural Development Agency, Muzaffarpur.
4. The Special Land Acquisition Officer, Gandak Yojna, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate.
For the Respondent/s : Mr. Addl. Advocate General (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the parties.
2. The present Writ Petition has been filed for the
following relief(s):-
“For issuance of an order or
orders, direction/directions, writ, including
writ in the nature of certiorari for quashing
the order vide memo No. 126, dated
12.02.2026, passed in Certificate Case No.
683 of 2019-20 passed by the Certificate
Officer-cum-Deputy Development
Commissioner, District Rural Development
Agency, Muzaffarpur, whereby the Agency
passed the order to pay Rs. 1,27,90,425/-
(One caror twenty seven lakh ninety thousand
four hundred and twenty five rupees) to the
petitioner.”
Patna High Court CWJC No.8098 of 2026(2) dt.17-06-2026
2/2
3. Without going into the merits or demerits of the
case, the present writ petition is disposed of at the stage of
admission with the consent of the both the Counsels.
4. Having regard to the fact that the Certificate Officer
has passed the final orders under Section 10 of the Bihar and
Orissa Public Demands Recovery Act, 1914 vide order dated
12.02.2026 passed in Certificate Case No. 683 / 2019-20 and
that the petitioner is having an alternative and efficacious
remedy of filing a statutory appeal under Section 60 before the
Collector, this Court is not inclined to entertain the present
CWJC. The present writ petition is disposed of granting liberty
to the petitioner to avail the statutory remedy of appeal within a
period of four weeks from today. On such appeal being made,
the authority shall entertain the same and pass necessary orders
duly putting all the parties on notice strictly in accordance with
law.
5. With above above directions, the present writ
petition stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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