Sri Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6807 of 2025 ====================================================== Sri Ram Singh S/o Late Dhupnarayan Singh, R/o vill- Nadaura, P.O.- Kurta, P.S. - Kurtha, Distt. - Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar through The District Magistrate Arwal, at Arwal. 2.

The District Magistrate Arwal, at Arwal.

3.

The Addl. Collector cum Land Reform, Arwal at Arwal. 4.

The Certificate Officer, Arwal at Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

For the Respondent/s :

Mr. M.N.H. Khan Standing Counsel (1) :

Mrs. Babita Kumari, AC to SC1 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 24-07-2025 Learned counsel appearing on behalf of the petitioner states that the authorities without issuing the notice along with the requisite documents to the petitioner under Section 7 of the Bihar & Orrisa Public Demands Recovery Act, 1914 have issued the warrant of arrest on 30.12.2024. Thereafter, the petitioner has made a representation to the authorities seeking to furnish the requisite documents but till date the same has not been furnished to him. Learned counsel further states that without issuance of any notice under Section 7 of the Act and the documents, the petitioner is not in a position to file his objections under Section 9 of the Act. Learned counsel therefore, prays for staying the proceedings before the

Patna High Court CWJC No.6807 of 2025(2) dt.24-07-2025 2/3 authorities.

2. Per contra, the learned counsel appearing on behalf of the respondent-State states that the authorities will furnish the necessary show cause notice along with the requisite documents and the petitioner may be directed to file his objections under Section 9 of the Act and final orders will be passed on merits in accordance with law.

3. Having regard to the above made statements, the present writ petition is disposed of at the stage of admission without going into the merits or demerits of the case. The Certificate Officer, Arwal (i.e., the respondent No. 04) is directed to issue notice under Section 7 of the Act along with the requisite documents duly giving ample time to the petitioner to file his objections under Section 9 of the Act. On such receipt of the notice under Section 7, the petitioner is directed to file his objections under Section 9. Thereafter, the authorities are directed to pass final orders under Section 10 strictly in accordance with law.

4. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of twelve weeks from the

Patna High Court CWJC No.6807 of 2025(2) dt.24-07-2025 3/3 date of receipt of a copy of this order. Any orders passed shall be communicated to the petitioner.

5. 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 file his objections after receipt of the notice or does not cooperate for disposal of the case then the authorities are free to take necessary action strictly in accordance with law.

6. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U