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
- Bihar and Orissa Public Demands Recovery Act, 1914 — s. 10, 7, 9
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
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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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