Annapurna Rice Mill Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Annapurna Rice Mill Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the concerned respondents/Certificate Officer, Nawada to pass an appropriate order under Section 10 of the Public Demands Recovery Act in Certificate Case No. 06 of 2014-15 after affording the petitioner a reasonable opportunity of hearing; no coercive steps against the petitioner till such order; case to be disposed of within three months from receipt of the order.

Issue for consideration

Whether the certificate proceedings against the petitioner, including the second notice and warrant of arrest issued without passing any order on the petitioner's objection under Section 9 of the Public Demands Recovery Act, were sustainable, and what directions should issue to the Certificate Officer.

Court's answer

Since the petitioner has already filed his objection under Section 9 of the Act, it would be just appropriate for the Certificate Officer to consider the same and pass an appropriate order under Section 10 of the Act in accordance with law, after considering all the claims and contentions of the parties.

Ratio / Principle

The concerned respondents are directed to pass an appropriate order under Section 10 of the Act in Certificate Case No. 06 of 2014-15, and before passing such order the petitioner shall be afforded a reasonable opportunity of hearing.

Key takeaways

Till the passing of the order under Section 10 of the Act, no coercive steps shall be taken against the petitioner.ratio¶25
The Certificate Officer, Nawada shall dispose of the case within three months from the date of receipt of the order.ratio¶26

Detailed headnote1 paragraphs

Public Demands Recovery Act — Sections 9 and 10 — Certificate Case No. 06 of 2014-15 — petitioner filed detailed objection under Section 9 against the first notice — instead of deciding the objection under Section 10, respondents issued a second notice and warrant of arrest; impugned order directed issuance of Body Warrant for non-deposit of interest of Rs. 6,70,357.00/- — earlier stay of certificate case by order dated 30.07.2019 — writ petition disposed of: Certificate Officer, Nawada directed to consider the Section 9 objection and pass appropriate order under Section 10 in accordance with law after hearing the parties; no coercive steps against petitioner till such order; disposal within three months.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14887 of 2019

======================================================

Annapurna Rice Mill Gurmha,through its proprietor Pravesh Kumar,aged about 50 (Male),son of Beradar Singh,Resident of Village Gurmha, PS Mufassil,Dist.Nawada

... ... Petitioner/s

Versus

The State of Bihar through the District Magistrate,Nawada

The District Certificate Officer, Nawada

The Bihar State Food and Civil Supplies Corporation Limited through its District Manager,Nawada Dist.Nawada

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Devendra Prasad Singh, Adv. For the Respondent/s : Mr.S. Raza Ahmad (AAG-5) Mr. Shailendra Kr. Singh, Adv. Mr. Utkarsh Utpal, Adv.

======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

ORAL JUDGMENT

Date : 17-07-2026

1 . The petitioner has filed the instant application for the following reliefs:

“That the present Writ application is for quashing the order dated 25.06.209 (wrongly shown as 05.06.2019 in order) as passed by Learned District Officer (respondent No. 2) in Certificate Case No. 06/2014/15 (Misc) directing to issue B.W. (Body Warrant) against the petitioner for nondepositing of interest amount to Rs. 6,70,357.00/-”

2. During the course of arguments, the Learned counsel for the petitioner fairly submitted that, in response to the first notice, the petitioner

Patna High Court CWJC No.14887 of 2019 dt.17-07-2026 2/3

had filed a detailed objection before the Certificate Officer, Nawada under Section 9 of the Public Demands Recovery Act (hereinafter referred to as "the Act"), raising objections to the said notice.

3. It is submitted that, instead of passing an order under Section 10 of the Act on the said objection, the respondents issued the second notice and thereafter, also issued a warrant of arrest, which is also challenged by the petitioner in the present writ petition.

4. By virtue of the order of this Court dated 30.07.2019, Certificate Case No.06 of 201415 pending before the Certificate Officer, Nawada, was stayed and in view of the stay proceedings, the respondents have not passed any order under Section 10 of the Act.

5. Since, the petitioner has already filed his objection under Section 9 of the Act, this Court is of the considered view that it would be just appropriate for the Certificate Officer to consider the same and pass an appropriate order under Section 10 of the Act in accordance with law, after

Patna High Court CWJC No.14887 of 2019 dt.17-07-2026 3/3

considering all the claims and contentions of the parties.

6. Accordingly, this Court directs concerned respondents to pass an appropriate order under Section 10 of the Act in Certificate Case No. 06 of 2014-15. Before passing such order, the petitioner shall be afforded a reasonable opportunity of hearing and till the passing of such order, no coercive steps shall be taken against the petitioner.

7. Further, the Certificate Officer, Nawada shall dispose of the case within three months from the date of receipt of this order.

8. With the above said observation, the Writ petition is disposed of.

9. Interlocutory application(s), if any, shall also stand disposed of.

(G. Anupama Chakravarthy, J)

Manish/-

AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	22.07.2026
Transmission Date