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Patna High Court

Krishna Kumar Singh @ Krishna SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to file objections under Section 9 and directed the authority to hear the objections and pass orders under Section 10, staying any coercive action pending the final order.

Summary

Krishna Kumar Singh filed a writ petition challenging the issuance of a warrant in Certificate Case No. 09/16-17, alleging that the authority failed to observe the 30‑day notice requirement under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914. He sought to quash the proceedings and requested liberty to file objections under Section 9 of the same Act, with the authority thereafter making orders under Section 10. The respondents, representing the State of Bihar and various officials, did not oppose the direction to consider the petitioner’s objections. The Patna High Court, without delving into the merits, granted the petitioner a four‑week period to file objections and directed the concerned authority to hear the petitioner, pass orders under Section 10, and complete the process within three months. The Court also stayed any coercive action against the petitioner pending the final order.

Issues considered

  • Whether the issuance of the warrant without a 30‑day notice under Section 7 of the Public Demands Recovery Act is violative of statutory procedure.
  • Whether the petitioner is entitled to file objections under Section 9 of the Act and obtain a direction for the authority to consider them.
  • Whether the court can direct the authority to pass orders under Section 10 after hearing the petitioner.
  • Whether interim relief restraining coercive steps against the petitioner is appropriate.

Legislation cited

Subjects

  • Writ petition
  • Quashing proceedings
  • Section 7 notice requirement
  • Section 9 objections
  • Section 10 orders
  • Interim relief
  • Coercive steps
  • Public Demands Recovery Act

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15863 of 2017
     ======================================================
     Krishna Kumar Singh @ Krishna Singh Son of Chandradeo Singh, Resident
     of Village- Bara, P.S. Bhagwanganj, District- Patna.

                                                               ... ... Petitioner/s
                                      Versus
1.   The State Of Bihar through its Principal Secretary, Food and Civil Supply
     Department, Government of Bihar, Patna
2.   The District Collector, Patna.
3.   The District Co-operative Officer-cum-Certificate Officer, Patna.
4.   The Managing Director, Patliputra Co-operative Bank, Patna.
5.   The Branch Manager, Patliputra Central Co-operative Bank, Masaurhi,
     Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Mr. Sabal Kumar Jha,Advocate
     For the Respondent/s     :       Mr. S. Raza Ahmad - AAG 5
     ======================================================
        CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                  ORAL JUDGMENT
                                  Date : 13-07-2026

                            1. The petitioner has filed the Writ

      petition for the following reliefs:

                                         “I). for quahsing the entire
                      proceeding            including      the       Certificate
                      Case being Case No. 09/16-17, pending
                      in the Court of District Co-operative
                      Officer-cum- certificate Officer, whereby
                      and whereunder the learned Court has
                      without waiting for the period of 30
                      days of the notice under Section 7 of
                      P.D.R. Act Act, warrant has been issued.
                      And/or          any     other     relief,      writ/writs,
Patna High Court CWJC No.15863 of 2017 dt.13-07-2026
                                           2/3




                          order/orders,           direction/directions,   for
                          which the petitioner is found to be
                          entitled in the facts and circumstances
                          of this case.


                     2. At the outset, the Learned counsel for

         the petitioner seeks indulgence of this Court to

         grant liberty to file objections under Section 9 of

         the Bihar and Orissa Public Demands Recovery Act,

         1914 and direct the authority to pass necessary

         orders duly taking into account the objections filed

         by the petitioner.

                     3. The Learned counsel for the respondents

         submitted that he has no objection, if a direction is

         given to the concerned authority to pass necessary

         orders under Section 10 of the Act duly taking into

         account the objections filed by the petitioner.

                     4. Having regard to the above made

         submissions, without going into the merits or

         demerits of the case, the present Writ petition is

         disposed of granting liberty to the petitioner to file

         objections under Section 9 before the concerned

         authority within a period of four weeks from today.
             Patna High Court CWJC No.15863 of 2017 dt.13-07-2026
                                                        3/3




                      On such objections being filed, the authority

                      concerned shall pass necessary orders under

                      Section 10 of the Act.

                                  5. It is needless to mention that before

                      passing any order, the authority concerned shall

                      give an opportunity of hearing to the petitioner.

                      Any order passed shall be communicated to the

                      petitioner. The entire exercise shall be completed

                      as expeditiously as possible preferably within a

                      period of three months from the date of filing of

                      the objections by the petitioner.

                                  6. Till the passing of the final order by the

                      Certificate Officer, it is directed that no coercive

                      steps shall be taken against the petitioner herein.

                                  7. Interlocutory Application(s), if any,

                      shall stand disposed of.




                                         (G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.07.2026
Transmission Date


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