Patna High Court
Navin Kishore vs The State Of Bihar And Ors on 20 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22398 of 2018
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Navin Kishore Son of Shri Sachidanand Kishore Resident of Village-
Sekhopur, Police Station- Sahdai Bujurg, District- Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Civil Supply
Deptt, Government of Bihar, New Secretariat, Patna
2. The Principal Secretary, Food and Civil Supply Department, Government of
BIhar, New Secretariat, Patna
3. The Bihar State Food and Civil Supply Corporation, Khadya Bhawan,
Daroga Rai Path, R. Block, Road No. 2, Patna through its Managing
Director.
4. The Managing Director, The Bihar State Food and Civil Supply Corporation,
Khadya Bhawan, Daroga Rai Path, R. Block, Road No. 2, Patna
5. The District Manager, The Bihar State Food and Civil Supply Corporation,
Sitamarhi.
6. The District Magistrate, Sitamarhi.
7. The District Certificate Officer, Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar, Adv.
For the Respondent/s : Mr.Arvind Ujjwal- Sc4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 20-08-2025
1. The Writ petition is filed for the
following reliefs:
"1. The present writ
application is being filed on behalf of
the petitioner for quashing of the
entire certificate proceeding bearing
certificate case no. 01 of 2017-18
(District Manager, BSFC Sitamarhi Vs.
Navin Kishore) initiated under the
provisions of Bihar and Orissa Public
Patna High Court CWJC No.22398 of 2018 dt.20-08-2025
Demand Recovery Act, 1914
(hereinafter to be referred as "PDR
Act") initiated on a request made by
the District Manager, Bihar State Food
and Civil Supply Corporation
(hereinafter to be referred as
"Corporation") Sitamarhi for recovery
of the amount to the tune of Rs.
3,08,60,773/- (Three Crore Eight Lakh
Sixty Thousand Seven Hundred
Seventy Three only) from the
petitioner which is recoverable as a
public demand as he alleged to have
misappropriated 4500.60 Quintal of
Government Wheat and 6233.20
Quintal of Government Rice from
Runnisyaidpur Godown between June
2016 to October 2016.
It is stated that the very
initiation of the aforesaid Certificate
Proceedings in case no. 01 of 2017-18
(District Manager, BSFC Sitamarhi Vs.
Naveen Kishor) before the Certificate
Officer, Sitamarhi is defective for the
reason that request for initiation of
certificate proceeding does not
mention date and year which is
mandatory as per schedule-II, Form
No. 2 of the PDR Act and subsequent
Patna High Court CWJC No.22398 of 2018 dt.20-08-2025
issuance of certificate of public
demand under section 4 and 6 of PDR
Act is also defective as the same also
does not contain the date and the
year. Apart from the above, there is no
agreement between the parties by a
written instrument to recover the
amount under PDR Act, which is a
condition precedent before initiation of
the said certificate proceeding.
2. That the petitioner further
prays before this Hon'ble Court to
quash the warrant of arrest, ordered
vide order dated 18/10/2017, passed
in the impugned certificate case,
passed by the learned Certificate
Officer, Sitamarhi, bearing Certificate
Case No.01 of 2017-18 (District
Manager, BSFC Sitamarhi Vs. Navin
Kishore) and for any other relief/reliefs
this Hon'ble Court may find fit and
proper in the facts and circumstances
of the present case."
2. At the outset, the Learned counsel for
the petitioner seeks indulgence of this Court to
grant liberty to file fresh objections under Section 9
of the Bihar and Orissa Public Demands Recovery
Patna High Court CWJC No.22398 of 2018 dt.20-08-2025
Act, 1914 and direct the authority to pass
necessary orders duly taking into account the
objections filed by the petitioner.
3. The Learned counsel for the respondents
submitted that he has no objection, if a direction is
given to the concerned authority to pass necessary
orders under Section 10 of the Act duly taking into
account the objections filed by the petitioner.
4. Having regard to the above made
submissions, without going into the merits or
demerits of the case, the present Writ petition is
disposed of granting liberty to the petitioner to file
fresh objections under Section 9 before the
concerned authority within a period of four weeks
from today. On such objections being filed, the
authority concerned shall pass necessary orders
under Section 10 of the Act.
5. It is needless to mention that before
passing any order, the authority concerned shall
give an opportunity of hearing to the petitioner.
Any order passed shall be communicated to the
petitioner. The entire exercise shall be completed
Patna High Court CWJC No.22398 of 2018 dt.20-08-2025
as expeditiously as possible preferably within a
period of three months from the date of filing of
the objections by the petitioner.
6. Till the passing of the final order by the
Certificate Officer, it is directed that no coercive
steps shall be taken against the petitioner herein.
7. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22.08.2025
Transmission Date
