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Patna High Court

Dhanjee OjhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of at the admission stage, directing the Certificate Officer to consider the Section 9 objections and pass orders under Section 10, with a hearing to be afforded.

Summary

Petitioner Dhanjee Ojha filed a writ petition challenging actions of the State of Bihar and its officials. The petition was disposed of at the admission stage by mutual consent of counsel, without delving into merits. The court noted that the petitioner had already filed objections under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914. Accordingly, the court directed the Certificate Officer (Respondent No.3) to consider those objections and pass final orders under Section 10 of the same Act, ensuring a hearing for the petitioner before any order. The petition was thus dismissed with directions for further procedural steps.

Issues considered

  • What procedural steps are required when a petitioner files objections under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 in a writ petition?

Legislation cited

Subjects

  • writ jurisdiction
  • public demand recovery
  • section 9
  • section 10
  • procedural disposal
  • hearing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4232 of 2026
                 ======================================================
                 Dhanjee Ojha, S/o Jaynandan Ojha, R/o Mohalla Ward no.-14, P.O and PS.-
                 Dumraon, District-Buxar.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of Land
                 Reforms and Revenue, Bihar, Patna
           2.    The District Magistrate, Buxar.
           3.    The Additional Collector-cum-Certificate Officer, Buxar.
           4.    The Block Development Officer, Nawanagar, District- Buxar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Abhash, Adv.
                 For the Respondent/s   :      Mr.Additional Advocate General (5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   07-04-2026                 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

                   already filed his objections under Section 9 of the Bihar and

                   Orissa Public Demand Recovery Act, 1914, the present writ

                   petition is disposed of directing the Certificate Officer, i.e,

                   Respondent No. 3 herein to consider the said objections and

                   pass final orders under Section 10 of the Bihar and Orissa

                   Public Demand Recovery Act, 1914.

                               3. It is needless to mention that before passing any

                   order, the petitioner shall be granted an opportunity of hearing.
             Patna High Court CWJC No.4232 of 2026(2) dt.07-04-2026
                                                         2/2




                       Any order passed shall be communicated to the party.

                                   4. With the above directions, the present writ petition

                       stands disposed of.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


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