Patna High Court
Shio Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court disposed of the writ petition, directing the authorities to consider the objections and issue a reasoned order under Section 10 within twelve weeks and to refrain from coercive steps.
Summary
Shio Kumar Prasad filed a writ petition challenging a notice issued to him under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914, after he had lodged objections under Section 9 of the same Act. The High Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. The Court directed the respondents to consider the petitioner’s objections and to pass a reasoned order under Section 10 of the Act within twelve weeks, ensuring the petitioner is heard before any order is made. It also ordered that no coercive action be taken against the petitioner until the final order is passed, and that any such action may be taken only if the petitioner does not cooperate. The writ petition was thus disposed with specific directions to the authorities.
Issues considered
- Whether the writ petition challenging the Section 7 notice should be entertained at this stage
- Whether the authorities must consider the petitioner’s Section 9 objections and pass a reasoned order under Section 10
- Whether coercive steps can be taken against the petitioner pending final disposal
Legislation cited
- Bihar and Orissa Public Demand Recovery Act, 1914 — s. 10, 7, 9
Subjects
- writ petition
- public demand recovery
- Section 9 objections
- Section 10 order
- coercive steps
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8509 of 2026
======================================================
Shio Kumar Prasad Son of Late Kapil Deo Prasad, Resident of Village- Pakari
Dixit, Bhagyanagar, P.S.- Kalyanpur, District- East Champaran, Motihari
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar Through The Principal Secretary, Food and Consumer
Department, Government of Bihar, Patna.
2. The Managing Director, Bihar State Food and Civil Supply Corporation,
Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The District Manager, Bihar State Food and Civil Supply Corporation,
Muzaffarpur.
5. The District Supply Officer, Muzaffarpur.
6. The Block Development Officer -Cum-Enforement Officer, Kanti,
Muzaffarpur.
7. The District Certificate Officer -cum- Sub Divisional Officer, West
Muzaffarpur, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Adv.
For BSFC : Mr. Shailendra Kumar Singh, Adv.
: Mr. Utkarsh Utpal, Adv.
For the Respondent/s : Mr. Additional Advocate General (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 23-06-2026 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 parties.
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 to the notice issued
to him under Section 7 of the Bihar and Orissa Public Demand
Patna High Court CWJC No.8509 of 2026(2) dt.23-06-2026
2/2
Recovery Act, 1914, this Court is of the opinion that the ends of
justice would be served if the present writ petition is disposed of
directing the authorities to consider the said objections 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 twelve 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
petitioner. 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)
Ayush/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.