Patna High Court
Shio Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
- Bihar and Orissa Public Demand Recovery Act, 1914 — s. 10, 7, 9
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
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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
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accordance with law.
4. With the above directions, the present writ
petition stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
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