Patna High Court

Satyendra SinghversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The writ petition is disposed of with directions that the Certificate Officer pass final orders under Section 10, after providing the petitioner the Joint Inquiry Report (if used) and an opportunity to be heard.

Summary

Petitioner Satyendra Singh filed a writ petition challenging a notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914, and submitted objections under Section 9. The High Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. The Court directed the Certificate Officer to pass final orders under Section 10 of the Act, ensuring that the petitioner be furnished with the Joint Inquiry Report (if relied upon) and given an opportunity to file a fresh explanation. The Court also mandated that the petitioner be heard before any order is passed and that no coercive steps be taken against him pending final orders. The petition was thus disposed with these procedural directions.

Issues considered

What procedural steps must the Certificate Officer follow under the Bihar and Orissa Public Demand Recovery Act, 1914, after the petitioner’s objections under Section 9?
Whether the petitioner is entitled to a hearing and opportunity to file a fresh explanation before final orders are passed?

Subjects

Public Demand Recovery
Writ Petition
Section 9 objection
Section 10 final order
Certificate Officer
Hearing rights
Coercive steps

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5467 of 2026
                 ======================================================
                 Satyendra Singh, Son of Anirudh Singh, R/o village- Rampur Khajuria, Police
                 Station- Dumariya Ghat, District- East Champaran at Motihari.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The District Magistrate-cum-Certificate Officer, East Champaran at
                 Motihari.
           3.    The Deputy Development Commissioner, East Champaran at Motihari.
           4.    The Mining Development Officer, East Champaran at Motihari.
           5.    The Circle Officer, Keshariya, District- East Champaran at Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanjay Kumar, Adv.
                 For the Respondent/s   :      Mrs. Anuradha Singh, Standing Counsel (21)
                 For Mining                    Mr. Naresh Dikshit, Adv.
                                               Mrs. Kalpana, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   23-04-2026                  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. Having regard to the fact that the petitioner has

                   already filed his objections on 27.01.2026 (Annxure P/15) under

                   Section 9 of the Bihar and Orissa Public Demand Recovery Act,

                   1914 to the notice issued to him under Section 7 of the Bihar

                   and Orissa Public Demand Recovery Act, 1914. The present

                   writ petition is disposed of directing the Certificate Officer to

                   pass necessary final orders under Section 10 of the Act. In case

                   the Certificate Officer relies on the Joint Inquiry Report, the
             Patna High Court CWJC No.5467 of 2026(2) dt.23-04-2026
                                                         2/2




                       copy of the same shall be furnished to the petitioner and he shall

                       be given an opportunity of filing a fresh explanation. In case the

                       authority wants to proceed further without relying on the Joint

                       Inquiry Report, the authority shall pass a reasoned order within

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

                       order.

                                   3. It is needless to mention that the petitioner shall be

                       given an opportunity of hearing before any orders are passed.

                       Any orders passed shall be communicated to the petitioner.

                                   4. Till such time the final orders are passed, the

                       authorities are directed not to take any coercive steps against the

                       petitioner. In case the petitioner does not cooperate for final

                       disposal of the case, the authority is free to pass necessary

                       orders strictly in accordance with law.

                                   5. With the above directions, the present writ petition

                       stands disposed of.



                                                                 (A. Abhishek Reddy , J)
Bhardwaj/-

U

Continue reading with your account

Checking your session…