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Patna High Court

Bijay Pratap SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the authorities to consider the objection under Section 9 and pass a reasoned order under Section 10, staying any coercive steps against the petitioner pending final disposal.

Summary

Bijay Pratap Singh filed a writ petition in the Patna High Court challenging a notice issued to him under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914. He had already lodged an objection under Section 9 of the same Act and sought the Court’s intervention to have his objection considered and a reasoned order passed under Section 10. The Court, without examining the merits, disposed of the petition with the consent of both parties and directed the concerned authorities to entertain the objection, pass a reasoned order within 12 weeks, and refrain from taking any coercive action against the petitioner pending final disposal. The order also mandated that the petitioner be given a hearing before any final order is issued and that any communication of orders be sent to him. The Court’s directions are to be complied with expeditiously, after which the petition stands disposed.

Issues considered

  • Whether the authorities should consider the petitioner's objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 to the notice issued under Section 7 and pass a reasoned order under Section 10.

Legislation cited

Subjects

  • writ petition
  • public demand recovery
  • objection under Section 9
  • notice under Section 7
  • reasoned order under Section 10
  • stay of coercive action
  • RERA

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8636 of 2026
                 ======================================================
                 Bijay Pratap Singh S/o Late Bhuwaneshwar Prasad Singh Presently R/o H.
                 No.- 06091 ATS Advantage Ahinsa Khand, Indirapuram, Ghaziabad, U.P.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Urban Development and
                 Housing Department, Government of Bihar, Vikash Bhawan, Bailly Road
                 Patna- 800015.
           2.    The Registrar, Real Estate Regulatory Authority, (RERA) Govt. of Bihar, 4h
                 and 6h floor, Bihar State Building Constructions Corporation Ltd. Complex
                 Shastri Nagar, Patna, Bihar.
           3.    The Certificate Officer cum Secretary /Nitam Patra Padadhikari, RERA
                 Office, Patna, Bihar.
           4.    Santosh Goel, Resolution Professional (R.P.) of the Insolvent Company
                 Soho Infrastructure Private Limited (S.I.P.L.) Lalit Goel and Associates,
                 Chartered Accountants, 604, Laxmi Deep Building, District Centre, Laxmi
                 Nagar,        Delhi-110092,         Email-           [email protected],
                 [email protected]
           5.    The District Magistrate, Patna.
           6.    The Senior Superintendent of Police, District- Patna.
           7.    Mrs. Renuka Verma, W/o Sri Surendra Nath Verma R/o Flat No.- 31, Block-
                 2, Sector- 7, Bahadur Housing Colony, Thana- Kankarbagh, Patna - 800026.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Nishant Kumar Sinha, Advocate.
                 For the Respondent/s   :      Mr. Standing Counsel (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   24-06-2026                 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 objection under Section 9 of the Bihar and

                   Orissa Public Demand Recovery Act, 1914 to the notice issued
           Patna High Court CWJC No.8636 of 2026(2) dt.24-06-2026
                                                       2/2




                     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 objection 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 12 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

                     petitioners. 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)
shakir/-

U


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