Patna High Court

Bipin Kumar MandalversusThe State of Bihar

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

Holding

The Court ordered the Certificate Officer to pass the final orders under Section 10 after hearing the petitioner, within twelve weeks, and to stay any coercive steps pending such orders.

Summary

Petitioner Bipin Kumar Mandal challenged a show‑cause notice issued by the Certificate Officer under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914, relating to Certificate Case No. 18 of 2016‑17. He had already filed his explanation under Section 9, but the authority had not yet passed the final orders required under Section 10. The Patna High Court, without examining the merits, disposed of the writ petition at the admission stage with the consent of both counsels. The Court directed the Certificate Officer to hear the petitioner’s objections and pass the final orders under Section 10 within twelve weeks, and to refrain from any coercive action against the petitioner pending such orders. The petition was thereby disposed with these procedural directions.

Issues considered

What procedural steps must the Certificate Officer follow under Sections 7, 9 and 10 of the Bihar and Orissa Public Demand Recovery Act before taking coercive action?
Whether the writ petition can be entertained at the admission stage given the pending final orders.

Subjects

writ petition
certificate case
public demand recovery
Section 7
Section 9
Section 10
stay order
coercive steps
Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15364 of 2025
                 ======================================================
                 Bipin Kumar Mandal Son of Late Deep Narayan Mandal, Resident of Village-
                 Kumarkhal, Post Office- Sobhanpur Katoriya, Police Station - Amarpur,
                 District - Banka, State - Bihar.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    The Collector -cum- District Magistrate, Banka, Post Office and Police
                 Station and District - Banka.
           3.    The Certificate Officer, Banka, Post Office and Police Station and District -
                 Banka.
           4.    The Chairman, South Bihar Gramin Bank, Bihar, Patna.
           5.    The South Bihar Gramin Bank, Amarpur Branch, District- Banka, Bihar
                 Kshetriya Gramin Bank, Amarpur, Post Office and Police Station- Amarpur,
                 District- Banka.
           6.    The Branch Manager, South Bihar Gramin Bank, Amarpur, Post Office and
                 Police Station- Amarpur, District- Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Pankaj Kumar Sinha
                 For the Respondent/s   :      Mr.Additional Advocate General (4)
                 ======================================================
                 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 Certificate Case No. 18 of 2016-17, the petitioner has

                   already filed his explanation to the said show cause notice under

                   Section 9 of the Act and this Court is not inclined to entertain
           Patna High Court CWJC No.15364 of 2025(2) dt.13-01-2026
                                                      2/2




                     the present C.W.J.C. Further, it is stated that 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.

                     3) to pass necessary final 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. It is further clarified that in

                     case the petitioner does not cooperate for disposal of the

                     certificate case then the authority is free to pass necessary orders

                     and take action accordingly.

                                 3. With the above directions, the present writ petition

                     stands disposed of.



                                            (A. Abhishek Reddy , J)
shakir/-
U

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