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Patna High Court

Murlidhar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable as the petitioner has an alternative and efficacious statutory appeal under Section 60(1)(B) of the Bihar & Orissa Public Demand Recovery Act, 1914.

Summary

Murlidhar Singh filed a writ petition challenging the maintainability of certificate proceedings under the Bihar & Orissa Public Demand Recovery Act, 1914, after the authority issued a distraint order for a sum adjudicated in a certificate case. The respondents argued that the petitioner had already raised objections under Section 9, the authority had passed final orders under Section 10, and that an alternative remedy of filing a statutory appeal before the Commissioner under Section 60(1)(B) existed. The High Court, noting the availability of this efficacious appeal, declined to entertain the writ petition and disposed of it at the admission stage. The Court directed the petitioner to file the statutory appeal within four weeks and stayed any coercive action pending the appeal. If no appeal is filed, the authority may proceed with enforcement actions.

Issues considered

  • Whether the writ petition is maintainable when an alternative statutory appeal under Section 60(1)(B) of the Bihar & Orissa Public Demand Recovery Act, 1914 is available.
  • Whether the Certificate Officer had jurisdiction to entertain the certificate case after final orders under Section 10 were passed.
  • Whether the petitioner can seek relief through a writ petition instead of the prescribed statutory appeal.

Subjects

  • writ petition
  • certificate proceedings
  • public demand recovery
  • statutory appeal
  • jurisdiction
  • distraint
  • maintainability
  • alternative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18071 of 2025
                 ======================================================
                 Murlidhar Singh Son of Ram Nagina Singh Resident of village- Rajiv Nagar,
                 Road No.- 6, Police- Station- Rajiv Nagar, District - Patna.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Development, Government of Bihar, 11, Mangal Road Veerchand
                 Patel Road Area, Patna, Bihar.
           2.    The District Magistrate Cum - Certificate Officer, Saran at Chapra.
           3.    The Additional Collector Saran, Police-station Chapra Sadar, District Saran
                 at Chapra.
           4.    The Additional Collector -Cum-Certificate Officer Saran, Police-station
                 Chapra Sadar, District Saran at Chapra.
           5.    The District Co-operation Officer, Police-station Chapra Sadar, District -
                 Saran at Chapra.
           6.    The District Manager Bihar State Food Corporation Chapra, Police-station-
                 Chapra Sadar, District Saran at Chapra.
           7.    The District Supply Officer, Police-station- Chapra Sadar, District Saran at
                 Chapra.
           8.    The Sub divisional Officer Saran Sadar, Police-station-Chapra Sadar,
                 District Saran at Chapra.
           9.    The Circle Officer Revilganj, Police-station Revilganj, District - Saran at
                 Chapra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Shambhu Prasad Yadav, Adv.
                 For BSFC                :     Mr. Shailendra Kumar Singh, Adv.
                                         :     Mr. Utkarsh Utpal, Adv.
                 For the Respondent/s    :     Mr. Additional Advocate General (3)
                                         :     Mrs. Divya Verma, AC to AAG3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

3   02-02-2026                   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 counsels.

                                 2.     Learned counsel appearing on behalf of the
Patna High Court CWJC No.18071 of 2025(3) dt.02-02-2026
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          petitioner submits that the petitioner has filed his objections

          regarding the maintainability of the certificate proceedings.

          However, the authority without going into the same has passed

          the impugned order. Learned counsel submits that thereafter, the

          authority has issued distraint order directing the petitioner to

          deposit the amount adjudicated in the certificate case No. 02 of

          2018-19. Learned counsel therefore, prays this Hon’ble Court to

          allow the present writ petition and set aside the impugned order

          dated 23.08.2025.

                      3.     Per contra, the learned counsel appearing on

          behalf of the respondent No. 6 vehemently opposes the very

          maintainability of the present writ petition. Learned counsel

          submits that the petitioner has filed his objections under Section

          9 of the Act after receipt of the notice under Section 7 and the

          authority has passed the final orders under Section 10.

          Thereafter, the petitioner has again filed another set of

          objections which were also disposed of. Learned counsel

          submits that as against the final orders under Section 10 of the

          Act, the petitioner is having an alternative and efficacious

          remedy of filing a statutory appeal before the Commissioner.

          Learned counsel submits that as per Section 60(1)(B) of the

          Bihar & Orrisa Public Demand Recovery Act, 1914, if the
Patna High Court CWJC No.18071 of 2025(3) dt.02-02-2026
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          Collector has passed the final orders then to the Commissioner.

                      4.    Having regard to the above mentioned facts and

          circumstances and also duly taking into account that the

          petitioner is having an alternative and efficacious remedy of

          filing a statutory appeal before the Commissioner against the

          order of the Collector dated 12.09.2025, this Court is not

          inclined to entertain the present writ petition. The present writ

          petition is disposed of granting liberty to the petitioner to file a

          statutory appeal under Section 60(1)(B) of the Act before the

          Commissioner against the orders of the Collector passed vide

          order dated 12.09.2025. The petitioner shall file his appeal

          within a period of four weeks from the date of receipt of a copy

          of this order and he is free to raise all grounds including the

          question of jurisdiction of the Certificate Officer to entertain the

          certificate case. On such appeal being filed, the authority shall

          entertain the same and pass a reasoned order duly considering

          the objections filed by the petitioner and also giving him an

          opportunity of hearing. The petitioner is also free to file an

          interlocutory application seeking stay of the impugned order

          passed and if any such application is filed, the authority shall

          pass necessary orders.

                      5.    Till the filing of the appeal by the petitioner, the
          Patna High Court CWJC No.18071 of 2025(3) dt.02-02-2026
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                    authority is directed not to take any coercive steps against the

                    petitioner. In case the petitioner does not file the appeal as

                    directed by this Court within the stipulated time, the authority is

                    free to take necessary action against the petitioner.

                                6. With the above direction, the present writ petition

                    stands disposed of.



                                            (A. Abhishek Reddy, J)
Ayush/-

U


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