Kapildeo Yadav v. The State Of Bihar

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 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