Patna High Court

Balaram Sao @ Baliram SawversusThe State of Bihar

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

Holding

The writ petition is disposed of at the admission stage, with the Court directing the Certificate Officer to pass a Section 10 order after hearing the petitioner.

Summary

Petitioner Balaram Sao challenged a show‑cause notice issued by the District Certificate Officer under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914. He had already filed an explanation under Section 9, and 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, grant a hearing, and pass the required order under Section 10 within twelve weeks. Until such an order is made, the authorities were barred from taking any coercive action against the petitioner, who may resort to any legal remedy if an adverse order is issued.

Issues considered

Whether the petitioner’s writ petition challenging the Section 7 notice is maintainable when an explanation under Section 9 has been filed and no Section 10 order has been passed.

Subjects

writ petition
public demand recovery
show cause notice
Section 7
Section 9
Section 10
hearing
coercive steps
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.15045 of 2025
                 ======================================================
                 Balaram Sao @ Baliram Saw Son of Rampravesh Sao, resident of village-
                 Piraunta Ramchandra Nagar, P.S.- Fesar, Dist. Aurangabad (Bihar).

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Department of Food and
                 Civil Supplies Bihar, Patna.
           2.    The District Magistrate, Aurangabad (Bihar).
           3.    The Managing Director, Bihar State Food and Civil Supplies Corporation,
                 Bihar, Patna.
           4.    The District Certificate Officer, Aurangabad (Bihar).
           5.    The District Manager, Bihar State Food and Civil Supplies Corporation,
                 Aurangabad (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Birendra Kumar Singh, Adv.
                 For the Respondent/s   :      Mr. Standing Counsel (18)
                 For the BSFC           :      Mr. Shailendra Kr. Singh, Adv.
                                               Mr. Utkarsha Utpal, Adv.
                 For the State          :      Mr. Binod Kr. Yadav, Adv.
                 ======================================================
                 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. 85/2014-15. This court is not inclined to

                   entertain the same as the petitioner has already filed his

                   explanation to the said show cause notice under Section 9 of the
             Patna High Court CWJC No.15045 of 2025(2) dt.13-01-2026
                                                        2/2




                       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. 4) 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

Continue reading with your account

Checking your session…