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Patna High Court

Sachendra Sharma @ Shatyendra SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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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