Patna High Court
Manju KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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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