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Patna High Court

Ramnarayan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the authorities to consider the objections under Section 9 and pass a reasoned order under Section 10 within twelve weeks, restraining any coercive action, and disposed the writ petition.

Summary

Ramnarayan Singh filed a writ petition challenging a notice issued to him under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914, having already lodged objections 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 State authorities to consider the petitioner’s objections and to issue a reasoned order under Section 10 of the Act within twelve weeks, ensuring the petitioner is heard before any order is passed. It also restrained the authorities from taking any coercive action against the petitioner until the final order is made. The petition was thus disposed with these directions.

Issues considered

  • What procedural steps must the authorities follow after a petitioner's objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914?
  • Whether a writ petition can be disposed at the admission stage with parties' consent while directing further consideration of objections.
  • Whether the authorities can be restrained from taking coercive steps pending a reasoned order.

Legislation cited

Subjects

  • writ petition
  • public demand recovery
  • Section 9 objection
  • Section 10 order
  • coercive step restraint
  • land acquisition
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8530 of 2026
                 ======================================================
                 Ramnarayan Singh Son of Late Ramgulam Singh, Resident of Village and
                 Post- Srichandpur Kothiya, P.S.- Bangaon, District- Samastipur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Department of Revenue and
                 Land Reforms, Government of Bihar, Old Secretariat, Bailey Road, Patna-
                 800015.
           2.    The District Land Acquisition Officer cum Certificate Officer, Samastipur,
                 District Land Acquisition Office, Collectorate, Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Jainandra Kumar
                 For the Respondent/s   :      Mr. Standing Counsel (9)
                 ======================================================
                 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

                   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
          Patna High Court CWJC No.8530 of 2026(2) dt.23-06-2026
                                                      2/2




                    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


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