Patna High Court
Chandramani Prasad @ Chandramani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
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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
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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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