Patna High Court
Rajiva Ranjan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is not maintainable; the petitioner must pursue the statutory remedy under Section 9 of the Act.
Summary
Petitioner Rajiva Ranjan Singh filed a writ petition challenging a show‑cause notice dated 23‑03‑2026 issued by the District Certificate Officer, Sitamarhi, under the Bihar and Orissa Public Demand Recovery Act, 1914. The petitioner claimed the notice was unlawful but the court noted that the Act provides a specific statutory remedy under Section 9 to file objections to such notices. Since a statutory remedy exists, the High Court declined to entertain the writ petition on its merits. The court granted the petitioner liberty to file objections under Section 9 within four weeks of the order. It further directed the District Certificate Officer to consider any objections filed and to pass a final order under Section 10 within four weeks thereafter, ensuring the petitioner a hearing before any order is made.
Issues considered
- Whether a writ petition challenging a show‑cause notice is maintainable when the petitioner has a statutory remedy under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914.
Legislation cited
Subjects
- writ petition
- show cause notice
- statutory remedy
- Section 9
- Section 10
- Bihar and Orissa Public Demand Recovery Act
- high court
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8361 of 2026
======================================================
Rajiva Ranjan Singh Son of Late Satendra Narayan Singh, Resident of 207,
Ashiyana Vihar Apartment, Rajendra Path Near CDA Building, Exhibition
Road, P.S.- Gandhi Maidan, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The District Magistrate, Sitamarhi.
3. The District Certificate Officer, Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Ranjan, Adv.
For the Respondent/s : Mr.Addl. Advocate General (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 18-06-2026 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 is only
challenging the show cause notice dated 23.03.2026 (Annexure-
P/3) and the petitioner is having statutory remedy of filing his
objections under Section 9 of the Bihar and Orissa Public
Demand Recovery Act, 1914, this Court is not inclined to
entertain the present writ petition. The present writ petition is
disposed of granting liberty to the petitioner to file his
objections under Section 9 of the Bihar and Orissa Public
Demand Recovery Act, 1914 against the notice dated
23.03.2026 within a period of four weeks from today. On such
Patna High Court CWJC No.8361 of 2026(2) dt.18-06-2026
2/2
objections being filed, the Respondent No. 3, i.e, the District
Certificate Officer, Sitamarhi is directed to consider the same
and pass final orders under Section 10 of the Bihar and Orissa
Public Demand Recovery Act, 1914 within a period of four
weeks thereof.
3. It is needless to mention that before passing any
orders, the authority shall consider the objections filed by the
petitioner and grant him an opportunity of hearing. Any orders
passed shall be communicated to the petitioner.
4. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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