Patna High Court
Krishna RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
- Bihar and Orissa Public Demand Recovery Act, 1914 — s. 10, 7, 9
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/-
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