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Patna High Court

Ravindra Sharma @ Ravindra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the authorities must first serve a Section 7 notice, allow the petitioner to file objections under Section 9, and then pass a reasoned order under Section 10 before any coercive steps can be taken.

Summary

The petitioner, Ravindra Sharma, filed a writ petition challenging a warrant of attachment issued on 17‑03‑2025 by the District Certificate Officer, Gaya, for recovery of Rs 64,500, alleging that the authorities had not served the mandatory notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914. The petitioner contended that without such notice, and without a final order under Section 10, the demand for payment was illegal and arbitrary. The respondents admitted that the Section 7 notice had not been served and that the petitioner had not filed objections under Section 9. The Court held that procedural compliance with the Act was essential and directed the District Certificate Officer to serve the Section 7 notice within four weeks, after which the petitioner must file objections within four weeks, and the authority must pass a reasoned order under Section 10 within eight weeks, refraining from any coercive action in the meantime. The directions aim to ensure the petitioner’s right to be heard and to expedite the final disposal of the certificate case. The writ petition was consequently disposed of with these procedural directions.

Issues considered

  • Whether the authorities were required to serve a notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 before issuing a warrant of attachment.
  • Whether the failure to serve such notice and to pass a final order under Section 10 renders the attachment order illegal and void.

Legislation cited

Subjects

  • Public Demand Recovery Act
  • Section 7 notice
  • Section 9 objections
  • Section 10 order
  • attachment of property
  • writ petition
  • procedural fairness
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15826 of 2025
                 ======================================================
                 Ravindra Sharma @ Ravindra Singh, Son of Late Baliram Sharma, Resident
                 of Village- Mau, P.S. - Tekari, District - Gaya.
                                                                          ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar through the Principal Secretary Department of Mines
                  Government of Bihar Patna.
           2.    The Collector-Cum-District Magistrate Gaya.
           3.    The District Mining Officer, Gaya.
           4.    The District Certificate Officer, Gaya.
           5.    The Circle Officer Tekari, District- Gaya.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Mukesh Kumar, Advocate.
                 For the Respondent/s   :       Mr. Standing Counsel 22.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   05-01-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following reliefs:-

                                                        “…..for issuance of an
                                             appropriate writ/writs, order/orders,
                                             direction/directions for quashing the
                                             order dated 17.03.2025 issued by District
                                             Certificate Officer, Gaya in Certificate
                                             Case No. 109/2009-10 whereby and
                                             whereunder warrant of attachment of
                                             movable property has been issued
                                             against the petitioner for recovery of Rs.
                                             64,500/- and the petitioner has been
                                             directed to deposit the same though he
                                             had already deposited Rs. 27,000/- on
                                             23.09.2010 for sessions 2009-10 through
Patna High Court CWJC No.15826 of 2025(2) dt.05-01-2026
                                           2/4




                                      Draft No. 324079 dated 13.09.2010.”
                      3. It is the case of the petitioner that without

          issuing any notice under Section 7 of the Bihar and Orissa

          Public Demands Recovery Act, 1914 (herein after referred

          to as ‘the Act’), the authority have issued the impugned

          notice dated 17.03.2025 (Annexure P/1) directing the

          petitioner herein to deposit an amount of Rs. 64,500/-.

                      4. Learned counsel appearing on behalf of the

          petitioner submits that though the petitioner has approached

          the authorities number of times and sought the details of the

          certificate case filed against him, the authorities till date

          have not served the notice under Section 7 of the Act. That

          the authorities on the other hand are insisting for payment

          of the certificate amount. It is further submitted that without

          passing any final orders under Section 10 or serving any

          notice under Section 7 of the Bihar and Orissa Public

          Demand Recovery Act, the insistence of the authorities to

          pay the certificate amount is illegal, bad and arbitrary

          exercise of power. Learned counsel, therefore, prays this

          Hon’ble Court to direct the authorities to act in accordance

          with law.
Patna High Court CWJC No.15826 of 2025(2) dt.05-01-2026
                                           3/4




                      5. In the counter-affidavit filed by the Respondent-

          State, the factum of serving the notice under Section 7 of

          the Act has not been denied, in fact the authority

          specifically states the petitioner has not filed his objections

          under Section 9 of the Act, however, there is no denial of

          the fact that the notice under Section 7 of the Act has not

          been served on the petitioner.

                      6. Having regard to the above made submissions,

          this Court is of the opinion that ends of justice would be

          served if the District Certificate Officer, Gaya i.e.

          Respondent No. 4 herein is directed to serve the notice

          under Section 7 of the Act on the petitioner within a period

          of four weeks from the date of the receipt of the copy of this

          order. On such receipt of the Section 7 notice, the petitioner

          shall file his objections under Section 9 of the Act within a

          period of four weeks thereof. After receipt of the objections

          by the petitioner, the authority shall pass a reasoned order

          under Section 10 of the Act duly giving an opportunity of

          hearing to the petitioner and also taking into account the

          objection filed. The authorities shall endeavour to see that

          the final orders are passed as expeditiously as possible
           Patna High Court CWJC No.15826 of 2025(2) dt.05-01-2026
                                                      4/4




                     preferably within a period of 8 weeks from the date of the

                     receipt of the objections from the petitioner. Any orders

                     passed shall be communicated to the party.

                                 7. Till such time the final orders are passed, the

                     authorities are directed not to take any coercive steps

                     against the petitioner. It is also made clear that in case, the

                     petitioner does not cooperate for the disposal of the

                     certificate case or does not file his objections within the

                     stipulated time, the authorities are free to recover the

                     certificate amount from the petitioner.

                                 8. With the above directions, the present writ

                     petition stands disposed of.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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