Patna High Court

Ranvijay Kumar @ Ranvijay YadavversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The writ petition is disposed of at the admission stage, and the Certificate Officer is directed to pass the required order under Section 10 after hearing the petitioner.

Summary

The petitioner, Ranvijay Kumar, challenged a notice issued by the Certificate Officer under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914, alleging procedural impropriety. He had already filed an explanation under Section 9, but the authority had not yet passed any final order under Section 10. The High Court, without examining the merits, disposed of the writ petition at the admission stage with the consent of both parties. The Court directed the Certificate Officer to consider the petitioner’s objections, conduct a hearing, and pass the requisite order under Section 10 within twelve weeks. It further ordered that no coercive action be taken against the petitioner until the final order is issued, and the petitioner may seek any legal remedies thereafter.

Issues considered

Whether the issuance of a notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914, can be challenged by a writ petition when an explanation under Section 9 is pending.
Whether the authority is required to pass a final order under Section 10 before the writ petition can be entertained.

Subjects

Public Demand Recovery Act
Section 7 notice
Section 9 explanation
Section 10 order
writ petition
admission stage disposal
coercive steps

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14992 of 2025
                 ======================================================
                 Ranvijay Kumar @ Ranvijay Yadav Son of Late Ramdhani Prasad @
                 Ramdhani Prasad Yadav Resident of Village - Laldarwaza, Geeta Babu Road,
                 P.S.- Kotwali, District - Munger.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department, Government of Bihar.
           2.    The District Magistrate, Munger.
           3.    The District Public Grievance Redressal Officer, Munger.
           4.    The First Appellate Authority-Cum-Divisional Collector, Munger Division,
                 Munger.
           5.    The Competent Authority-Cum-District Land Acquisition Officer, Munger.
           6.    The Nilam Patra Officer/Certificate Officer, Munger.
           7.    Prabhu Dayal Sagar @ Sagar Yadav Son of Late Ramdhani Prasad @
                 Ramdhani Prasad Yadav Resident of Village-Laldarwaza, Geeta Babu Road,
                 P.S.-Kotwali, District-Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Thakur Brajesh Singh, Adv.
                                               Mr. Pratyush, Adv.
                                               Mr. Tooba Hera, Adv.
                 For the Respondent/s   :      Mr. Additional Advocate General (12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   13-01-2026                    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.

                                 2. Having regard to the fact that the petitioner is

                   challenging the notice issued by the Certificate Officer under

                   Section 7 of the Bihar and Orissa Public Demand Recovery Act,

                   1914 in Case No. 248/24-25. This court is not inclined to

                   entertain the same as the petitioner has already filed his
             Patna High Court CWJC No.14992 of 2025(2) dt.13-01-2026
                                                        2/2




                       explanation to the said show cause notice under Section 9 of the

                       Act and till date the final orders under Section 10 have not been

                       passed by the authority concerned. Having regard to the same,

                       the present writ petition is disposed of directing the Certificate

                       Officer (Respondent No. 6) to pass necessary orders under

                       Section 10 of the Act duly taking into consideration the

                       objections filed by the petitioner and giving him an opportunity

                       of hearing. The entire exercise shall be completed as

                       expeditiously as possibly preferably within a period of twelve

                       weeks from the date of receipt of the copy of this order. Till

                       such time the final orders are passed, the authorities are directed

                       not to take any coercive steps against the petitioner. In case any

                       adverse orders are passed against the petitioner the petitioner is

                       free to avail the remedies available under the law.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U

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