Shambhu KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.17956 of 2025
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                 Shambhu Kumar Son of Ram Chitra Sah, Proprietor of M/s Sambhu Rice
                 Mill, Resident of- Bagha, P.O.- Suhidra Nagar, P.S.- Town, District-
                 Begusarai.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Food and
                 Civil Supplies, Government of Bihar, at Patna.
           2.    Bihar State Food and Civil Supplies Corporation, Through its Managing
                 Director, at Patna.
           3.    The District Manager, Bihar State Food and Civil Supplies Corporation,
                 Begusarai, District - Begusarai.
           4.    The District Magistrate, Begusarai, District - Begusarai.
           5.    The District Certificate Officer, Begusarai, District - Begusarai.
           6.    The Officer-in-Charge, P.S.- Town (Lohianagar), District - Begusarai.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :       Mr. Sumeet Kumar Singh, Adv.
                 For the Respondent/s   :       Mr. Additional Advocate General (4)
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                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   27-01-2026                  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 both the parties.

                               2. Learned counsel appearing on behalf of the

                   petitioner submits that the respondent (District Certificate

                   Officer i.e. Respondent No. 5) has issued the warrant of arrest

                   against the petitioner herein without passing the final orders

                   under Section 10 of the Bihar and Orissa Public Demands

                   Recovery Act, 1914. Learned counsel submits that as against the
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          Section 7 notice issued by the authority, the petitioner has

          submitted his objections under Section 9 but the authority

          without passing any orders under Section 10 has straightaway

          issued the warrant of arrest against the petitioner. Learned

          counsel submits that the authority has also not taken into

          consideration the award passed by the arbitrator vide award

          dated 31.08.2019. Learned counsel, therefore, prays that the

          present writ petition may be allowed and the certificate

          proceedings set aside.

                      3. Per contra, the learned counsel appearing on behalf

          of the respondent- BSFC has vehemently opposed the very

          maintainability of the present writ petition. Learned counsel

          submits that the total amount due from the petitioner is

          approximately 3 crore 55 lakhs and whereas the award passed in

          favour of the petitioner is only 86 lakhs. Learned counsel

          submits that even for the sake of argument if the said amount is

          deducted, the petitioner is still due approximately 3 crores and

          submits that the present writ petition is not maintainable and the

          same may be disposed of.

                      4. Having regard to the above made submissions and

          also duly taking into consideration the fact that the petitioner

          has filed his objections under Section 9 to the notice issued
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                       under Section 7 and the final orders under Section 10 have not

                       yet been passed. This Court deems it expedient to direct the

                       Respondent No. 5 to pass final orders under Section 10 duly

                       taking into account the objections filed by the petitioner. The

                       authority shall endeavour to pass necessary final orders strictly

                       in accordance with law as expeditiously as possible 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

                       authority is directed not to take any coercive steps against the

                       petitioner. It is needless to mention that before passing any

                       order, the petitioner shall be given an opportunity of hearing.

                       Any order passed shall be communicated to the party. In case

                       the petitioner does not cooperate for the disposal of the case, the

                       authority is free to pass necessary final orders and take

                       necessary action in accordance with law. The petitioner shall file

                       his supplementary objections within a period of two weeks from

                       today and the same shall be considered by the authority.

                                   5. With the above directions, the present writ petition

                       stands disposed of.



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