Patna High Court
Rajiv Kumar ThakurversusThe Managing Director,
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the warrant of arrest should not be executed pending the outcome of the statutory appeal and directed the District Magistrate to expedite the appeal and restrain any coercive steps against the petitioner.
Summary
The petitioner, Rajiv Kumar Thakur, challenged a warrant of arrest issued by the Certificate Officer despite having filed a statutory appeal under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914. He argued that the arrest would defeat the purpose of the appeal and sought a writ to set aside the warrant. The respondents contended that the petitioner should have applied for an interlocutory stay of the arrest order. The High Court, without examining the merits, disposed of the writ petition at the admission stage with the consent of both parties, directing the District Magistrate to expedite the pending certificate appeal within eight weeks and restraining the Certificate Officer from taking coercive action until the appeal is decided. The court also emphasized that the petitioner must be given a hearing before any further order is passed. Consequently, the writ petition was disposed of with specific directions for speedy disposal of the appeal.
Issues considered
- Whether the warrant of arrest issued by the Certificate Officer is maintainable while a statutory appeal under the Bihar and Orissa Public Demand Recovery Act, 1914 is pending.
- Whether the petitioner is entitled to a stay of the arrest warrant and direction for expeditious disposal of the appeal.
- Whether the petitioner was required to file an interlocutory application for a stay of the arrest order.
Subjects
- writ petition
- certificate appeal
- arrest warrant
- stay of execution
- Bihar and Orissa Public Demand Recovery Act
- interim relief
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15111 of 2025
======================================================
Rajiv Kumar Thakur Son of Radhe Thakur, Proprietor Anjali Rice Mill,
Resident of Village- Fatehpur, P.S.- Sultanganj, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The Managing Director, Bihar State Food and Civil Supplied Corporation,
Bihar, Patna.
2. The General Manager of Administration (Chief of Administration), Bihar
State Food and Civil Supplied Corporation, Bihar, Patna.
3. The General Manager of Claim (Chief of Claim), Bihar State Food and Civil
Supplied Corporation, Bihar, Patna.
4. The Deputy General Manager of Claim, Bihar State Food and Civil Supplied
Corporation, Bihar, Patna.
5. The District Manager, Bihar State Food and Civil Supplied Corporation,
District- Bhagalpur.
6. The District Supply Officer-cum-Certificate Officer, Bhagalpur.
7. Awadh Kishore Mandal, Godown Manager, Block- Sultanganj, P.S.-
Sultanganj, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
Mr. Dhananjay Kr. Gupta, Adv.
Ms. Isha Mishra, Adv.
For the Respondent/s : Mr. Shailendra Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 13-01-2026 Learned counsel for the petitioner is directed to
implead the District Magistrate, Bhagalpur as a party
Respondent No. 8 herein.
2. 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.
3. Learned counsel appearing on behalf of the
Patna High Court CWJC No.15111 of 2025(2) dt.13-01-2026
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petitioner submits that the petitioner aggrieved by the order
passed by the Certificate Officer in Certificate Case No.
01/2013-14 dated 21.12.2018 has preferred a statutory appeal
under Section 7 of the Bihar and Orissa Public Demand
Recovery Act, 1914 and the same was numbered as Certificate
Appeal No. 115/2024-25 however, the Certificate Officer
without awaiting the result of the said appeal has issued a
warrant of arrest against the petitioner on 08.04.2025. Learned
counsel submits that the very purpose of filing the appeal would
be defeated if the petitioner is arrested. Learned counsel,
therefore, prays this Hon’ble Court to allow the present writ
petition and set aside the warrant of arrest issued against the
petitioner herein.
4. Per contra, the learned counsel appearing on behalf
of the respondent State submits that the petitioner ought to have
filed an Interlocutory Application seeking stay of the order
passed by the Certificate Officer while filing the appeal however
the petitioner has not done so. Learned counsel has stated that a
direction may be given to the appellate authority to dispose of
the appeal by fixing a time frame.
5. Having regard to the above mentioned facts and
circumstances, the present writ petition is disposed of and the
Patna High Court CWJC No.15111 of 2025(2) dt.13-01-2026
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District Magistrate, Bhagalpur (Respondent No. 8) is directed to
dispose of the Certificate Appeal No. 115/2024-25 as
expeditiously as possible preferably within a period of eight
weeks from the date of receipt of the copy of this order. It is
needless to mention that before passing any order, the petitioner
shall be granted an opportunity of hearing. Any order passed
shall be communicated to the party.
6. In the meanwhile, the Respondent No. 6 is directed
not to take any coercive steps against the petitioner till the final
orders are passed in the Certificate Appeal No. 115/2024-25. It
is also made clear that in case the petitioner does not cooperate
for the disposal of the Certificate Appeal No. 115/2024-25, the
District Magistrate is free to pass necessary orders.
7. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy , J)
Gauravkr/-
U
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