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Patna High Court

Krishna RajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of at the admission stage, with the Court directing the authorities to consider the objections and pass a reasoned order under Section 10, and to refrain from coercive steps pending such order.

Summary

Krishna Raj and Kunal Kumar filed a writ petition in the Patna High Court challenging a notice issued to them under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914. They had already filed objections under Section 9 of the same Act. The Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. It directed the authorities to consider the objections and issue a reasoned order under Section 10 within twelve weeks, ensuring the petitioners are heard before any order is passed. The Court also ordered that no coercive steps be taken against the petitioners until the final orders are made, and that any further action must strictly follow law. Consequently, the writ petition was disposed of with these procedural directions.

Issues considered

  • What procedural steps must the authorities follow under the Bihar and Orissa Public Demand Recovery Act, 1914 after objections under Section 9 are filed?
  • Whether the writ petition should be entertained at the merits or disposed at the admission stage?
  • Whether a stay on coercive measures is warranted pending a reasoned order under Section 10?

Legislation cited

Subjects

  • writ petition
  • public demand recovery
  • Section 9 objection
  • reasoned order
  • stay of coercive action
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8534 of 2026
                 ======================================================
           1.     Krishna Raj Son of Ramayan Chaudhary @Ramayan Yadav, Resident of
                  Village and PO - Barhan Gopal, PS Siwan, District Siwan, Bihar-841217,
                  proprietor of M/S Krishna Construction, office at Village and PO - Barhan
                  Gopal, PS and District Siwan, Bihar.
           2.    Kunal Kumar, Son of Ramayan Chaudhary @ Ramayan Yadav, Resident of
                 Village and PO - Barhan Gopal, PS Siwan, District Siwan, Bihar-841217.

                                                                               ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Principal Secretary, Coopertaive department,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Cooperative Department, Government of Bihar,
                 Patna.
           3.    District Settlement officer-cum-Certificate Officer, Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ravi Ranjan, Adv.
                                        :      Mr. Gaurav Tiwary, Adv.
                 For the Respondent/s   :      Mr. Standing Counsel (26)
                                        :      Mr. Divit Vinod, AC to SC26
                 ======================================================
                 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 petitioners have

                   already filed their objections under Section 9 of the Bihar and

                   Orissa Public Demand Recovery Act, 1914 to the notice issued

                   to them 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
          Patna High Court CWJC No.8534 of 2026(2) dt.23-06-2026
                                                      2/2




                    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 petitioners shall be given an opportunity of hearing before

                    any orders are passed. Any orders passed shall be communicated

                    to the petitioners.

                                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 petitioners 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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