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Patna High Court

Chandramani Prasad @ Chandramani KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The authority must issue a Section 7 notice, afford the petitioner an opportunity to object under Section 9, and may not take any coercive action until a final order under Section 10 is passed.

Summary

Chandramani Prasad filed a writ petition alleging that the Revenue Department had issued an arrest warrant against him without first serving a notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914. He contended that the failure to give him an opportunity to object under Section 9 and the absence of a final order under Section 10 violated the statutory procedure. The State of Bihar agreed to the issuance of a Section 7 notice but sought no further relief. The Court, with the consent of both parties, disposed of the petition by directing the District Magistrate‑cum‑Certificate Officer to serve a Section 7 notice within two weeks, allow a ten‑day period for objections under Section 9, and thereafter pass a final order under Section 10, while staying any coercive action until such order is made. The directions also required the entire process to be completed within twelve weeks and any order to be communicated to the parties.

Issues considered

  • Whether the issuance of an arrest warrant without a Section 7 notice under the Bihar and Orissa Public Demand Recovery Act, 1914 is contrary to the Act.
  • Whether the petitioner must be afforded an opportunity to file objections under Section 9 before any arrest can be effected.
  • Whether the court can direct the authority to follow the statutory procedure and stay coercive steps pending final orders under Section 10.

Subjects

  • writ petition
  • public demand recovery
  • notice requirement
  • arrest warrant
  • procedural fairness
  • Bihar law
  • Section 7
  • Section 9
  • Section 10

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18159 of 2025
                 ======================================================
                 Chandramani Prasad @ Chandramani Kumar S/o Late Arjun Prasad, Resident
                 of Village- Gangra, P.O.- Kharthua, P.S.- Harnaut, District- Nalanda.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Revenue Department, Government of Bihar,
                 Patna.
           2.    The District Magistrate-cum- District Certificate Officer, Nalanda.
           3.    The Labour Superintendent, Nalanda.
           4.    The Sub- Divisional Magistrate, Biharsharif, Nalanda.
           5.    Awadhesh Kumar, S/o Ramdev Prasad R/o Village- Shyamnagar, P.O.-
                 Pachauri, District- Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Raj Kishor Prasad, Advocate.
                 For the Respondent/s   :      Mr. Government Pleader (20).
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   28-01-2026                   Without going into the merits or demerits of this

                   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

                   petitioner submits that the authority without issuing any

                   notice under Section 7 of the Bihar and Orissa Public

                   Demand Recovery Act, 1914 has straightaway issued the

                   warrant of arrest against the petitioner. Learned counsel

                   submits that the petitioner was never served any notice and
Patna High Court CWJC No.18159 of 2025(2) dt.28-01-2026
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          the same is evident from the proceedings of the authority.

          That non-issuance of the notice under Section 7 of the Bihar

          and Orissa Public Demand Recovery Act is contrary to the

          provisions of the Act. In case, the authority had issued the

          Sections 7 notice, the petitioner could had the opportunity

          of filing his objections under Section 9 of the Bihar and

          Orissa Public Demand Recovery Act. Further, the learned

          counsel has stated that without passing any order under

          Section 10 of the Bihar and Orissa Public Demand

          Recovery Act, the authority has issued the warrant of arrest,

          it is also contrary to the provisions of the Act. Learned

          counsel prays this Hon’ble Court that the authority may be

          directed to issue a notice under Section 7 of the Bihar and

          Orissa Public Demand Recovery Act and an opportunity is

          given to the petitioner to file his objections.

                      3. Learned counsel appearing on behalf of the

          Respondent-State has submitted that he has no objection if

          the authority is directed to issue a notice to the petitioner

          under Section 7 of the Bihar and Orissa Public Demand

          Recovery Act, thereafter, pass final orders under Section 10

          of the Act after receipt of the explanation from the
Patna High Court CWJC No.18159 of 2025(2) dt.28-01-2026
                                           3/4




          petitioner.

                      4. Having regard to the above made submission,

          the present writ petition is disposed of directing the

          Respondent No. 2 to issue notice under Section 7 of the

          Bihar and Orissa Public Demand Recovery Act within a

          period of two weeks from the date of the receipt of the copy

          of this order. The authority while issuing the notice shall

          grant ample opportunity to the petitioner to file his

          objections under Section 9 preferably within a period of 10

          days thereof. On receipt of the explanation from the

          petitioner, the authority shall pass final orders under Section

          10 of the Bihar and Orissa Public Demand Recovery Act

          strictly in accordance with law. It is needless to observe that

          before passing any order the petitioner shall be given an

          opportunity of hearing. The entire exercise shall be

          completed as expeditiously as possible preferably within a

          period of 12 weeks from the date of receipt of the copy of

          this order. Any order passed shall be communicated to the

          party.

                        5. Till such time the final orders are passed under

          Section 10 of the Bihar and Orissa Public Demand
           Patna High Court CWJC No.18159 of 2025(2) dt.28-01-2026
                                                      4/4




                     Recovery Act, 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 case, the authority is free to take necessary

                     action strictly in accordance with law.

                                 6. With the above directions, the present writ

                     petition stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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