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Patna High Court

Md. Bashir AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Certificate Officer must grant the petitioner a hearing and pass final orders under Section 10 of the Bihar and Orissa Public Demand Recovery Act within twelve weeks.

Summary

The petitioner, Md. Bashir Alam, filed a writ petition challenging the actions of the State of Bihar and its officials under the Bihar and Orissa Public Demand Recovery Act. He had earlier lodged objections under Section 9 of the Act following a notice issued under Section 7. The High Court examined whether the Certificate Officer could proceed to pass final orders under Section 10 without affording the petitioner a hearing. The Court held that the petitioner must be given an opportunity of hearing before any final order is made. It directed the Certificate Officer to pass the necessary final orders under Section 10, ensuring the hearing and completing the process within twelve weeks of the order. Consequently, the writ petition was disposed of.

Issues considered

  • What procedural safeguards are required before a Certificate Officer can pass final orders under Section 10 of the Bihar and Orissa Public Demand Recovery Act?
  • Does the petitioner’s right to be heard under the Act necessitate a hearing prior to the issuance of final orders?

Subjects

  • Public Demand Recovery
  • Section 9 objections
  • Certificate Officer
  • Section 10 final order
  • Right to hearing
  • Writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5454 of 2026
                 ======================================================
                 Md. Bashir Alam Son of Md. Sanaullah, Resident of Ward No. 01, Rajepur,
                 Police Station Dhaka, District East Champaran at Motihari.

                                                                        ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Energy Department,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Energy Department, Government of Bihar, Patna.
           3.    The North Bihar Power Distribution Company Limited, having its registered
                 Company at Vidyut Bhavan, Bailey Road, Patna.
           4.    The Electrical Chief Engineer, North Bihar Power Distribution Company
                 Limited, Vidyut Bhavan, Bailey Road, Patna.
           5.    The Electrical Superintending Engineer, East Champaran at Motihari.
           6.    The Electrical Executive Engineer, Raxaul, East Champaran at Motihari.
           7.    The Electrical Assistant Engineer, Electrical Sub Division, Dhaka, East
                 Champaran at Motihari.
           8.    The Principal Secretary, Industry Department, Government of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Ravindra Nath Dubey, Advocate.
                 For the Respondent/s   :     Mr.Standing Counsel (06)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   22-04-2026                 Learned counsel appearing on behalf of the petitioner

                   submits that the petitioner has already filed his objections under

                   Section 9 of the Bihar and Orissa Public Demand Recovery Act

                   pursuant to the notice issued to the petitioner under Section 7 of

                   the Bihar and Orissa Public Demand Recovery Act.

                               2. Having regard to the same, the Certificate Officer is

                   directed to pass necessary final orders under Section 10 of the

                   Bihar and Orissa Public Demand Recovery Act, 1914. It is
           Patna High Court CWJC No.5454 of 2026(2) dt.22-04-2026
                                                       2/2




                     needless to mention 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.

                                  3. With the above directions, the present writ petition

                     stands disposed of.



                                                     (A. Abhishek Reddy, J)
shakir/-

U


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