Patna High Court

Hiralal YadavversusThe State of Bihar

Decided: 29 April 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The writ petition is disposed of at the admission stage, with directions to consider the Section 9 objection and pass a reasoned order under Section 10 within twelve weeks, and to restrain any coercive steps against the petitioner.

Summary

The petitioner, Hiralal Yadav, filed a writ petition challenging a notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914. He had already lodged an objection 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 authorities to consider the objection and issue a reasoned order under Section 10 within twelve weeks, ensuring the petitioner is heard before any order. It also restrained the authorities from taking any coercive action against the petitioner until the final order is passed, and warned that non‑cooperation by the petitioner would permit the authorities to act according to law.

Issues considered

Whether the writ petition can be disposed of at the admission stage with consent of parties
Whether the authorities must consider the objection filed under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914
Whether a reasoned order under Section 10 must be passed within a stipulated time
Whether coercive steps against the petitioner can be restrained pending final disposal

Subjects

Public Demand Recovery Act
Section 9 objection
Section 10 order
Coercive steps
Writ petition
Patna High Court
Co-operative department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6459 of 2026
                 ======================================================
                 Hiralal Yadav, Son of Bhikhari Yadav, resident of Village and PO Pachlakhi,
                 PS Nawatan, District Siwan, Bihar 841436, proprietor of M/S Bhikhari
                 Traders, office at village and PO Pachlakhi, PS Nawatan, District Siwan,
                 Bihar-841436.

                                                                               ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Principal Secretary, Cooperative department,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Cooperative Department, Government of Bihar,
                 Patna.
           3.    The Siwan Central Co-operative Bank Ltd., At and P.O. and P.S. and
                 District- Siwan through its Branch Manager.
           4.    The Branch Manager, Siwan Central Co-operative Bank, Ltd., At and P.O.
                 and P.S. and District- Siwan
           5.    District Settlement officer-cum-Certificate Officer, Siwan.
           6.    Station House officer, Nawatan Police station, Disrict Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ravi Ranjan, Advocate.
                 For the Respondent/s   :      Mr. Standing Counsel (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   29-04-2026                   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 parties.

                                 2. Having regard to the fact that the petitioner has

                   already filed his objection under Section 9 of the Bihar and

                   Orissa Public Demand Recovery Act, 1914 to the notice issued

                   to him under Section 7 of the Bihar and Orissa Public Demand

                   Recovery Act, 1914, this Court is of the opinion that the ends of
           Patna High Court CWJC No.6459 of 2026(2) dt.29-04-2026
                                                       2/2




                     justice would be served if the present writ petition is disposed of

                     directing the authorities to consider the said objection and pass a

                     reasoned order under Section 10 of the Act. The entire exercise

                     shall be completed as expeditiously as possible preferably

                     within a period of 12 weeks from the date of receipt of the copy

                     of this order. It is needless to mention that the petitioner shall be

                     given an opportunity of hearing before any orders are passed.

                     Any orders passed shall be communicated to the petitioner.

                                 3. Till such time the final orders are passed, the

                     authorities are directed not to take any coercive steps against the

                     petitioners. It is made clear that in case the petitioner do not

                     cooperate for final disposal of the case, the authority is free to

                     pass necessary orders strictly in accordance with law.

                                 4. With the above directions, the present writ petition

                     stands disposed of.



                                                             (A. Abhishek Reddy, J)
shakir/-

U

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