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Patna High Court

Faiyaz AhmadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of at the admission stage, and the authority is directed to decide the objections and pass a reasoned order under Section 10 of the Act.

Summary

Faiyaz Ahmad filed a writ petition challenging a notice issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914, and had already raised 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 concerned authority to decide the objections and pass a reasoned order under Section 10, ensuring a hearing to the petitioner. The authority was instructed to complete the final order within twelve weeks of receiving the Court’s order and to communicate the decision to the parties. Consequently, the writ petition was dismissed as the matter was to be resolved administratively under the Act.

Issues considered

  • What is the maintainability of a writ petition challenging a notice issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914?
  • Whether the Court should entertain the petition when objections under Section 9 have already been filed.

Legislation cited

Subjects

  • writ petition
  • public demands recovery
  • notice
  • objections
  • Section 7
  • Section 9
  • Section 10
  • procedural law
  • Bihar
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16104 of 2025
                 ======================================================
                 Faiyaz Ahmad Son of Late Md. Ameen, Resident of Village- Khanguradih,
                 P.S.- Katra, District- Muzaffarpur.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, Muzaffarpur.
           2.    The Collector, Muzaffarpur.
           3.    The District Panchayat Raj Officer Cum Certificate Officer, Muzaffarpur.
           4.    The Special Land Acquisition Officer, Gadank Yojna, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Uday Prakash Shrarma, Adv.
                 For the Respondent/s   :      Mr. Addl. Advocate General (03)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   19-01-2026                  Without going into the merits 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 issued under Section 7 of the Bihar and

                   Orissa Public Demands Recovery Act, 1914 and the petitioner

                   has already filed his objections under Section 9 of the Act, this

                   court is not inclined to entertain the present writ petition. The

                   authority is directed to pass the final orders under Section 10

                   duly taking into the consideration the objections filed by the

                   petitioner. The authority while dealing with the said objections

                   shall also go into the question of maintainability of the notice
             Patna High Court CWJC No.16104 of 2025(2) dt.19-01-2026
                                                        2/2




                       issued under Section 7 and pass a reasoned order giving reasons

                       either for accepting or rejecting the objections filed by the

                       petitioner. It is needless to mention that before passing any

                       order, the petitioner shall be granted an opportunity of hearing.

                       The authority shall endeavour to pass final orders as

                       expeditiously as possible preferably within a period of twelve

                       weeks from the date of receipt of the copy of this order. Any

                       order passed shall be communicated to the party.

                                   3. With the above directions, the present writ petition

                       stands disposed of.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U


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