IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14762 of 2024 ====================================================== Santan Prasad Singh S/o Kameshwar Prasad Singh, R/o Village- Umga P.O.- Umga P.S. Madanpur, District Aurangabad 82420 ... ... Petitioner/s Versus 1. National Highways Authority of India through Chairman, G 5 and 6, Sector- 10, Dwarka, New Delhi-110075. 2. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 3. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 4. The Arbitrator-Cum-Commissioner, Magadh Division, Gaya. 5. The District Collector, Aurangabad, Bihar. 6. The Additional Collector, Aurangabad. 7. The Deputy Collector, Land Reforms, Aurangabad. 8. Mr. Avinash Kumar Singh, then the Deputy Collector, Land Reforms, Aurangabad, Presently, Presently Posted at Arrah. 9. Deepak Kumar Singh S/o Shri Bharat Singh R/o Village and P.O.-Madanpur, District-Aurangabad. 10. Smt. Shweta Priyadarshi, District Certificate Officer, Aurangabad. 11. The District Certificate Officer, Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satan Prasad Singh, Advocate. Mr. Binod Kumar Singh, Advocate. Mr. Vagisha Pragya Vacaknavi, Advocate. For the Respondent/s : Mr. Government Advocate (2) with Mr. Venketesh Kirti, SC to GA-2. For the Resp. No. 9 : Mr. Vikash Kumar Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 7 07-04-2025 A Coordinate Bench of this Hon’ble Court vide order dated 04.07.2024 passed in CWJC No. 10037 of 2024 has directed the petitioner to file his objections within a period of two weeks and, thereafter, granted four weeks’ Patna High Court CWJC No.14762 of 2024(7) dt.07-04-2025 2/5 time for the Certificate Officer to dispose the matter of by passing a reasoned order. 2. Learned counsel appearing on behalf of the petitioner has stated that the Certificate Officer instead of passing a reasoned order has passed the impugned order dated 21.08.2024. Learned counsel for the petitioner has stated that the Certificate Officer without understanding the true purport of the order dated 04.07.2024 passed by the Coordinate Bench of this Hon’ble Court in CWJC No. 10037 of 2024 has simply rejected the objections made by the petitioner solely on the ground that the time granted by this Hon’ble High Court for passing a reasoned order has elapsed. 3. In order to appreciate the issue involved in the present writ petition, it is necessary to extract the portion of the order passed by the Coordinate Bench of this Hon’ble Court in CWJC No. 10037 of 2024 dated 04.07.2025 as well as the impugned order dated 21.08.2024 passed by the Certificate officer. (i) Paragraph Nos. 15 & 16 of the order dated 04.07.2025 passed by the Coordinate Bench of this Hon’ble Patna High Court CWJC No.14762 of 2024(7) dt.07-04-2025 3/5 Court in CWJC No. 10037 of 2024 reads as under:- “15. Having heard the learned Advocate for the petitioner and leaned counsel for the State, prima facie it appears that a fresh certificate proceeding has been directed to be proceeded against the petitioner pursuant to the impugned order. However, despite the specific observation of this Court dated 25.11.2022 in CWJC No. 16050 of 2022, no order has been passed. Thus, in view of the aforesaid facts, this Court extends a further liberty to the petitioner to file a fresh objection before the Certificate Officer, who is in the seisin of the certificate proceeding, preferably within a period of two weeks. 16. In case the petitioner files such objection as noted hereinabove, the Certificate Officer shall consider the same and after giving proper opportunity of hearing dispose of the objection within a further period of four weeks by passing a reasoned and speaking orders.” (ii) The impugned order dated 21.08.2024 passed by the Certificate Officer reads as follows:- “vfHkys[k miLFkkfir nsunkj vuqifLFkrA nsunkj }kjk ,d vkosnu i= lkFk gh mPp U;k;ky; fcgkj iVuk esa nk;j vihy okn fnukad 04-07-24 dh Nk;kizfr nkf[ky fd;k x;k gSA tks 4 ¼pkj½ lIrkg lekIr gks x;k gSA nk;j vihy okn dks [kkfjt fd;k tkrk gSA nsunkj ds fo:) fu;e 53 ¼izh okjaV½ fuxZr djsaA vfHkys[k fnukad dks miLFkkfir djsA g0@vLi’B 21-08-24 uhyke i= ink0 vkSjaxkckn” Patna High Court CWJC No.14762 of 2024(7) dt.07-04-2025 4/5 4. A bare perusal of the above, clearly shows that the certificate officer has not applied his mind properly and has passed the order in a mechanical manner. When this Hon’ble Court has directed him to pass an order within a period of four weeks, it does not mean that the Certificate officer cannot pass any order after the said period has elapsed. The Certificate Officer instead of passing an order on merits on the objections filed by the petitioner has simply rejected the case on the ground that the time granted by the this Hon’ble Court has elapsed which is contrary to the well established principles of law. 5. Having regard to the same, the impugned order dated 21.08.2024 is set aside. The matter is remanded back to the authority concerned for passing orders afresh duly taking into consideration the objections filed by the petitioner. The authority shall pass a reasoned orders giving the reasons either accepting or rejecting the objections. The entire exercise to be completed as expeditiously as possible preferably within a period of eight weeks from the date of the receipt of the copy of this order. It is needless to observe that the before passing any orders the petitioner shall be put Patna High Court CWJC No.14762 of 2024(7) dt.07-04-2025 5/5 on notice and shall be given an opportunity of hearing. Any order passed shall be communicated to the party. 6. Till such time the final orders are passed under Section 10 of the Act, no coercive steps to be taken against the petitioner. 7. With the above observations, the present writ petition stands disposed of. shakir/- (A. Abhishek Reddy, J) U