IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9726 of 2007 RAKESH KUMAR SINHA SON OF LATE MAHENDRA PRASAD SINGH RESIDENT OF VILLAGE DALLUCHAK, P.S. KHAGAUL, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH LAND REVENUE SECRETARY, PATNA. 2. THE DISTRICT MAGISTRATE, PATNA. 3. THE CERTIFICATE OFFICER, DANAPUR, PATNA. 4. THE CIRCLE OFFICER, DANAPUR, PATNA. ----------- 3 22/04/2010 Submission of learned counsel for the petitioner is that the Certificate Case in question was initiated against a dead person who happens to be the grand mother of the petitioner. No proper verification of the facts has been done but he is being dragged in into the case by virtue of the fact that he is so called legal heir. Petitioner is the grand son of Sita Devi. It is also the stand of the petitioner that an objection under section 9 of the Bihar Public Demand Recovery Act (hereinafter referred to as the said Act.) has been filed but the same has not been decided. This writ application is disposed of with a direction that the Certificate Officer, Danapur, Patna shall first decide the objection of the petitioner under section 9 of the Act and then only the question of any liability will arise. No coercive action will be taken against the - 2 - petitioner in Certificate Case No. 19 of 2006-07 till the objection under section 9 of the Act is decided. AMIN (Ajay Kumar Tripathi, J.)