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Patna High Court

Manju KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the writ petition cannot be entertained until the petitioner files objections under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914.

Summary

Manju Kumari filed a writ petition challenging a notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914. The petitioner had not filed any objections under Section 9 of the same Act. The Patna High Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. The Court directed the petitioner to file his objections within four weeks and, upon receipt, directed the concerned authority to pass final orders under Section 10 within twelve weeks, considering all grounds raised. The petition was thus disposed of subject to these procedural directions.

Issues considered

  • Whether the writ petition can be entertained without the petitioner first filing objections under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914

Subjects

  • Public Demand Recovery Act
  • Section 7
  • Section 9
  • Section 10
  • writ petition
  • admission stage
  • objections
  • maintainability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15654 of 2025
                 ======================================================
                 Manju Kumari Wife of Ramanuj Sharma, Proprietor of M/s Maa Vaishnav
                 Rice Mill, Resident of Village- Dabur, P.S.- Konch, District- Gaya.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Food and
                 Civil Supplies Department, Government of Bihar, at Patna.
           2.    Bihar State Food and Civil Supplies Corporation, Through its Managing
                 Director, at Patna.
           3.    The District Manager, Bihar State Food and Civil Supplies Corporation,
                 Gaya, District- Gaya.
           4.    The District Certificate Officer, Gaya, District- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Sumet Kumar Singh, Advocate. \
                                                Mr. Kumar Vikram, Advocate.
                                                Mr. Raushan Kumar, Advocate.
                 For the Respondent/s   :       Mr. Standing Counsel (25).
                 For the BSFC           :       Mr. Shailendra Kumar Singh, Advocate.
                                                Mr. Utkarsh Utpal, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   13-01-2026                   Without going into the merits or demerits of the case,

                   the present writ petition is disposed of at the stage of admission

                   with the consent of both the Counsels.

                                 2. Having regard to the fact that the petitioner is only

                   challenging the notice under Section 7 of the Bihar and Orissa

                   Public Demand Recovery Act, 1914 and he has till date not filed

                   his objections under Section 9 of the Bihar and Orissa Public

                   Demand Recovery Act, 1914, this Court is not inclined to
           Patna High Court CWJC No.15654 of 2025(2) dt.13-01-2026
                                                      2/2




                     entertain the present writ petition, the present writ petition is

                     disposed of directing the petitioner to file his objections under

                     Section 9 of the Bihar and Orissa Public Demand Recovery Act,

                     1914 within a period of four weeks from today. On such receipt

                     of the objections, the authority concerned is directed to pass

                     necessary final orders under Section 10 of the Bihar and Orissa

                     Public Demand Recovery Act, 1914 as expeditiously as possible

                     preferably within a period of twelve weeks from the date of the

                     receipt of the objections from the petitioner. The authority shall

                     duly take into consideration the all the grounds taken by the

                     petitioner including the maintainability while passing the final

                     orders and also grant him an opportunity of hearing. Any orders

                     passed shall be communicated to the party.

                                 3. With the above directions, the present writ petition

                     stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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