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Patna High Court

Kapildeo YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition must be disposed of only after the petitioner files the required objection under Section 9 of the PDR Act, and no coercive action may be taken pending such filing.

Summary

Kapildeo Yadav filed a writ petition in the Patna High Court seeking a certiorari to quash an auction order dated 15‑09‑2025 issued by the Auction Officer under the Public Demand Recovery Act, 1914, and also sought a mandamus restraining coercive action. The petition alleged that the recovery order was based on a letter from the Superintendent of Post Office initiating a certificate case. The Court, without delving into merits, disposed of the petition at the admission stage with the consent of counsel, noting that the petitioner had not filed an objection under Section 9 of the PDR Act as required by the notice under Section 7. The Court directed the petitioner to file the objection within three weeks before the Certificate Officer and ordered that no coercive action be taken against him until the objection is considered and a final order is passed. The Court further directed that the petitioner be given a hearing before any final order and that any order be communicated to him.

Issues considered

  • Whether the writ petition can be entertained without the petitioner filing an objection under Section 9 of the Public Demand Recovery Act, 1914 as required by the notice under Section 7.

Legislation cited

  • Public Demand Recovery Act, 1914 — s. 7, 9

Subjects

  • Public Demand Recovery Act
  • Auction order
  • Writ of certiorari
  • Mandamus
  • Section 9 objection
  • Coercive action
  • Procedural compliance
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6066 of 2026
                 ======================================================
                 Kapildeo Yadav S/o Late Ramdhani Prasad Yadav, Resident of Village- Yadav
                 Nagar Hisua, P.S.-Hisua, District- Nawada.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Revenue Department,
                 Govt. of Bihar, Patna.
           2.    The Chief Post Master General, Bihar, Patna.
           3.    The District Magistrate, Nawada.
           4.    The Additional Collector cum Auction Officer, Nawada.
           5.    The Superintendent of Post Office, Nawada Division, Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sanjay Kumar
                 For the S t a t e        :     Mr Narendra Kr Singh, AC to GP XXII
                 For the Union of India   :     Dr Krishna Nandan Singh, ASGI
                                                Mr Manoj Kr Singh, CGC
                                                M/s Ankit Kr Singh, Prabhat Kr, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   27-04-2026                  Heard learned counsel for the parties.

                                2 The present writ petition has been filed seeking the

                   following reliefs:

                                    “For issuance of a writ in the nature of
                         certiorari to quash the order of Auction Officer,
                         Nawada dated 15.09.2025 passed in Auction Suit
                         No 950/2025-2026 where under the Auction Officer
                         has fixed the liability and directed to recover the
                         amount of Rs 5,26,42,500/- under PDR Act, 1914
                         (Public Demand Recovery Act, 1914) and the
                         aforesaid recovery order has been passed on the
                         basis of letter No F-11 Nawada HO/2019/chv dated
                         13.06.2025 whereby the Superintendent of Post
                         Office, Nawada has pursued to initiate certificate
                         case against the petitioner.

                                              (Annexure-P1 to this writ petition)
Patna High Court CWJC No.6066 of 2026(2) dt.27-04-2026
                                            2/3




                          (ii) For issuance of a writ in the nature of
                mandamus restraining the respondents from taking
                any coercive or adverse action against the
                petitioner pursuant to impugned order passed in
                Auction Suit No 950/2025-2026 by Auction Officer,
                Nawada dated 15.09.2025.

                          (iii) For grant of any other reliefs to
                which the petitioner may be found entitled to in the
                facts and circumstances of this case.”

                        3 Without going into the merits or demerits of the

          case, the present writ petition is being disposed of at the stage of

          admission itself with consent of both the counsel.

                        4 Having regard to the fact that the petitioner has not

          filed his objection under Section 9 of the PDR Act pursuant to

          the notice issued under Section 7 of the PDR Act by the

          Certificate Officer, this Court deems it expedient to dispose of

          the present writ petition directing the petitioner herein to file his

          objection under Section 9 of the PDR Act within three weeks

          before the Certificate Officer, i e, respondent No 4 herein. After

          filing of the objection by the petitioner, the authorities shall duly

          take into consideration the objection filed by the petitioner and

          pass final orders preferably within a period of two weeks

          thereafter.

                        5 It is needless to mention that before passing any

          order, the petitioner shall be granted an opportunity of hearing.

          Any order passed shall be communicated to the petitioner.
           Patna High Court CWJC No.6066 of 2026(2) dt.27-04-2026
                                                       3/3




                                 6 Till such time, the final order is passed, the

                     authorities are directed not to take any coercive action against

                     the petitioner. In case the petitioner does not cooperate in the

                     disposal of the case, the respondent-authorities shall pass

                     necessary orders.

                                 7 With the above observation, the writ petition is

                     disposed of.


                                             (A. Abhishek Reddy , J)
M.E.H./-

U


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