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Patna High Court

Shio Kumar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of with directions that the authorities consider the objection under Section 9 and issue a reasoned order under Section 10, and refrain from any coercive action against the petitioner.

Summary

Shio Kumar Prasad filed a writ petition challenging actions taken under the Bihar and Orissa Public Demand Recovery Act, 1914. He had already lodged an objection under Section 9 to a notice issued under Section 7 of the same Act. The Patna High Court, without examining the merits, disposed of the petition at the admission stage by directing the authorities to consider the objection and issue a reasoned order under Section 10. The Court also ordered that no coercive steps be taken against the petitioner until final orders are passed and that the petitioner be given a hearing before any order. The authorities were instructed to complete the exercise within 12 weeks, after which the petition was deemed disposed.

Issues considered

  • The appropriateness of disposing the writ petition at the admission stage.
  • Whether the authorities must consider the petitioner's objection under Section 9 and pass a reasoned order under Section 10 of the Bihar and Orissa Public Demand Recovery Act, 1914.
  • Whether coercive steps can be taken against the petitioner pending final disposal.

Legislation cited

Subjects

  • writ petition
  • public demand recovery
  • Section 9 objection
  • Section 10 order
  • coercive steps
  • certificate proceedings
  • Bihar
  • consumer law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.8713 of 2026
                 ======================================================
                 Shio Kumar Prasad, Son of Late Kapil Deo Prasad, Resident of Village Pakari
                 Dixit, Bhagyanagar, PS Kalyanpur, District East Champarna, 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, Advocate.
                 For the Respondent/s   :        Mr. Yogendra Prasad Sinha, AAG 7.
                 For the BSFC           :        Mr. Shailendra Kumar Singh, Advocate.
                                                 Mr. Utkarsh Utpal, Advocate.
                 ======================================================
                 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 Counsels.

                                 2. Having regard to the fact that the petitioner has

                   already filed his objection under Section 9 of the Bihar and
Patna High Court CWJC No.8713 of 2026(2) dt.24-06-2026
                                            2/3




          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 objection and pass a reasoned order

          under Section 10 of the Act. The authority shall consider the

          maintainability of the certificate proceedings initiated by

          the Respondent-BSFC duly taking into consideration the

          objection filed by the petitioner. 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
           Patna High Court CWJC No.8713 of 2026(2) dt.24-06-2026
                                                       3/3




                     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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