Created by Fuzzy Cloud

Patna High Court

Abdul RahmanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to entertain the writ petition and directed the authority to decide the objections and the maintainability of the notice under Section 10.

Summary

Abdul Rahman 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 the maintainability of the Section 7 notice by passing a reasoned order under Section 10, after granting the petitioner a hearing. The authority was instructed to complete the final orders within twelve weeks of receiving the Court’s order. Consequently, the writ petition was dismissed and the matter was remitted to the authority for further adjudication.

Issues considered

  • Whether a writ petition challenging a notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act is maintainable when the petitioner has filed objections under Section 9.
  • Whether the authority should determine the maintainability of the Section 7 notice while considering the objections filed under Section 9.

Legislation cited

Subjects

  • writ petition
  • public demands recovery
  • notice under Section 7
  • objections under Section 9
  • maintainability
  • Bihar
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.16153 of 2025
                 ======================================================
                 Abdul Rahman

                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rohit Mishra, Adv.
                 For the Respondent/s     :      Mr. Standing Counsel (4)
                 ======================================================
                 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

                   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
             Patna High Court CWJC No.16153 of 2025(2) dt.19-01-2026
                                                        2/2




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.