Patna High Court

Laxmi Devi @ Lakshmi DeviversusThe State of Bihar

Decided: 8 April 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The court ordered the respondent to provide the requisite material and Section 7 notice, and directed the petitioner to file objections before the authority passes final orders under the Act.

Summary

Laxmi Devi filed a writ petition challenging the refusal of the District Magistrate-cum-Certificate Officer to provide material and a Section 7 notice under the Bihar and Orissa Public Demand Recovery Act, 1914. The petition was admitted but disposed of without merits after both parties consented. The court directed Respondent No.4 to furnish the required material and the Section 7 notice within four weeks. Upon receipt, the petitioner must file objections under Section 9, after which the authority must hold a hearing and pass final orders under Section 10, communicating the decision to the parties. The writ petition was thus disposed with these procedural directions.

Issues considered

Whether the District Magistrate-cum-Certificate Officer complied with the procedural requirements of the Bihar and Orissa Public Demand Recovery Act, 1914 in the petitioner’s grievance.

Subjects

writ petition
public demand recovery
procedural compliance
Bihar law
hearing rights

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.3134 of 2026
                 ======================================================
                 Laxmi Devi @ Lakshmi Devi Wife of Late Kiran Shankar Yadav, resident of
                 Near Prabhat Tara School, Res Korsh Chakkar Maidan, P.S.-
                 Kazimohammadpur, District-Muzaffarpur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar the Secretary Food and Civil Supplies Department, Govt.
                 of Bihar, Patna.
           2.    The Bihar State Food and Civil Supplies Corporation through its Managing
                 Director, Sone Bhawan, Veerchand Patel Path, Patna-800001.
           3.    The Managing Director Food and Civil Supplies Corporation Office, Sone
                 Bhawan, Beerchand Patel Path, Patna.
           4.    District Magistrate cum Certificate Officer, Muzaffarpur.
           5.    The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
                 Chandra Market Nayatola, P.S.-Kazimohammadpur, District-Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Uday Prakash Shrarma, Advocate.
                 For the Respondent/s   :      Mr. Additional Advocate General (4).
                 For the BSFC           :      Mr. Shailendra Kumar Singh, Advocate.
                                               Mr. Utkarsh Utpal, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   08-04-2026                   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 has

                   filed a requisition dated 17.09.2025 (Annexure-P/3) before the

                   District Magistrate-cum-Certificate Officer, Muzaffarpur i.e.

                   Respondent No. 4 herein ventilating her grievance. The

                   Respondent No. 4 is directed to furnish the requisite material
           Patna High Court CWJC No.3134 of 2026(2) dt.08-04-2026
                                                       2/2




                     along with the notice under Section 7 of the Bihar and Orissa

                     Public Demand Recovery Act, 1914 to the petitioner herein

                     within a period of 4 weeks from the date of the receipt of the

                     copy of this order. On receipt of the said material along with the

                     Section 7 notice, the petitioner is directed to file her objections

                     under Section 9 of the Bihar and Orissa Public Demand

                     Recovery Act, 1914 and, thereafter, the authority is directed to

                     pass final orders under Section 10 of the Bihar and Orissa

                     Public Demand Recovery Act, 1914. The authority before

                     passing any order shall grant an opportunit of hearing to the

                     petitioner herein and duly taking into consideration the

                     objections filed by the petitioner, the necessary final orders shall

                     be passed. 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)
shakir/-

U

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