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1926 DAILYLAW 4 (PAT)

Rafiuzzama v. The State of Bihar

CWJC/1926/2025 · 2026-07-06

Vikash Kumar

body1926

Judgment text

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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 2/5 ====================================================== 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 3/5 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 4/5 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. Patna High Court CWJC No.1926 of 2025(2) dt.06-07-2026 5/5 rohit/- (Vikash Kumar, J) U