Allowed

Sushil Kumar Singh v. The State of Bihar

Patna HC13 Aug 2026CWJC/186/2026

Case brief

AI extract

What is this about?

This single judge oral order disposed of a writ filed to quash a recovery notice and proceedings under the Bihar-Odissa Public Demand Recovery Act. The Court set aside the notice, directing the petitioner to pay outstanding dues within fourteen days based on counsel's undertaking.

What did the court decide?

Impugned notice dated 4.4.2025 and proceedings in Certificate Case No. 66 of 2024-25 set aside; petitioner directed to pay dues within 14 days.

Sushil Kumar Singh Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.186 of 2026

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Sushil Kumar Singh Son of Gauri Shankar Singh, Resident of VillageKarsaut, P.S.- Daraunda(Daraundha), District- Siwan.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Managing Director, Bihar State Food and Civil Supplies Corporation, Government of Bihar, Patna.

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The District Magistrate-cum-Collector, District- Siwan.

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The Bihar State Food and Civil Supplies Corporation, through its Managing Director, Bihar, Patna.

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The District Co-operative Officer, District- Siwan.

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The Co-operative Extension Officer, Block- Daraunda, District- Siwan.

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The District Manager, Bihar State Food and Civil Supplies Corporation, Siwan.

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The District Certificate Officer, Siwan.

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The Station House Officer, P.S.- Daraunda, District- Siwan.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Res No.1,3&6(BSFCSC) : Ms. Anukriti Jaipuriya, Adv. Mr. Rajanikant Kumar, Adv. Mr. Preet, Adv.

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CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER

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9 13-08-2026 Heard learned counsel appearing on behalf of the

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petitioner and learned counsel appearing on behalf of the State

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as well as learned counsel appearing on behalf of the BSFC.

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With the consent of the parties, this writ application

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is being disposed of at the admission stage itself.

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This writ application has been filed for the following reliefs:-

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“I. For quashing the notice dated 4.4.2025

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Patna High Court CWJC No.186 of 2026(9) dt.13-08-2026 2/4

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issued under signature of certificate Officer, Siwan in connection with Certificate Case No. 66 of 2024-25 Under Section 7 of the Bihar-Odissa Public Demand Recovery Act for 1914 for making payment of the due amount of Rs. 20,07,833/- (Twenty Lakh, Seven Thousand Eight Hundred Thirty Three Rs. only).

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II. Also for quashing the entire proceeding pending in connection with certificate Case No. 66 of 2024-25 pending before the Learned Certificate Officer, Siwan.

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III. Also for any other appropriate relief/reliefs to which the petitioner is entitled either in the eye of law or on in this facts and circumstances of the case.”

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Learned counsel appearing on behalf of the

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petitioner, drawing the attention of this Court towards paragraph-8 of the rejoinder to counter affidavit filed by the respondent Nos. 4 & 5, submits that in compliance of the conditions imposed in the order dated 17.11.2025 passed in Cr. Misc. No. 74669 of 2025, the petitioner has deposited a sum of Rs. 5,00,000 by way of Demand Draft at the time of furnishing of bail bond on 17.12.2025. In terms of the said order, altogether Rs.18,23,808/- was required to be deposited till 29.05.2026 in six equal installments of Rs.1,87,198/- each. However, out of six one installment of Rs.1,87,198/- could not have been deposited. In this regard a compliance report dated 05.06.2026 has also been filed by the petitioner in the learned Court of Additional

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Patna High Court CWJC No.186 of 2026(9) dt.13-08-2026 3/4

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Chief Judicial Magistrate- 6, Siwan.

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Learned counsel appearing on behalf of the petitioner however, undertakes before this Court that he would pay the outstanding amount of Rs. 1,87,198/- at the earliest, if the same is not already paid.

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As regards the interest part of the outstanding amount is concerned, he would be filing an appropriate application before the concerned District Certificate Officer seeking waiver of the interest part. He lastly contends that vide impugned Notice dated 04.04.2025 issued by the Certificate Officer, Siwan in connection to Certificate case No. 66 of 202425 an amount of Rs. 20,07,833/- has been asked to be pay by the petitioner, which is under challenge, in this writ application, whereas the petitioner has already deposited Rs.16,36,610/- and Rs. 1,87,198/- as undertaken to be paid within fourteen days, if the same is not already paid.

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In such view of the matter, the impugned Notice, as aforesaid, is required to be set aside in view of the fact that the petitioner has already paid almost all the outstanding amount for which certificate proceeding has been initiated against him.

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Learned counsel appearing on behalf of the State and BSFC submits that total amount of Rs.20,07,833/- has to be

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Patna High Court CWJC No.186 of 2026(9) dt.13-08-2026 4/4

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paid by the petitioner including the interest in terms of notice dated 04.04.2025 issued by the Certificate Officer, Siwan in connection with Certificate case.

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Learned counsel appearing on behalf of the petitioner submits that he will file the appropriate application before the District Certificate Officer, Siwan for waiver of the interest part. So far as the principle amount is concerned, he will make the rest of the payment within a period of fourteen days, if the same is not already paid. Therefore, there is nothing remained to be adjudicated in this writ petition.

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In such view of the matter and also the undertaking given by the petitioner today, this Court deems it fit and appropriate to disposed of this writ application with a direction to the petitioner to pay the dues amount to the respondents within a period of fourteen days from today.

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Accordingly, with the aforesaid observation/direction, this writ application is disposed of.

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All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

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(Girijish Kumar, J)

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nitu/- U

Sushil Kumar Singh v. The State of Bihar

Case brief

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Sushil Kumar Singh v. The State of Bihar

Case brief

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