Patna High Court
Sanjay Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court directed the District Certificate Officer to pass final orders under Section 10, after considering the petitioner’s objections, providing a hearing, and within a twelve‑week period, while restraining any coercive action pending such orders.
Summary
The petitioner, Sanjay Kumar Mehta, filed objections under Section 9 of the Bihar & Orissa Public Demand Recovery Act, 1914 in two certificate cases (No. 22/2017-18 and No. 03/2013-14) and sought a direction for the respondent authority to pass final orders under Section 10 after considering his objections and granting a hearing. The State of Bihar, through its counsel, expressed no objection to such a direction. The Patna High Court, after hearing the parties, ordered the District Certificate Officer to dispose of the two certificate cases within twelve weeks, to consider the petitioner’s objections, to provide a reasoned order after a hearing, and to communicate the order to the parties. The Court also restrained the authority from taking any coercive steps against the petitioner until the final orders are passed, subject to the petitioner’s cooperation. Consequently, the writ petition was disposed of with the above directions.
Issues considered
- Whether the District Certificate Officer must pass final orders under Section 10 of the Bihar & Orissa Public Demand Recovery Act after considering objections filed under Section 9.
- Whether the petitioner is entitled to a hearing before any final order is passed.
- Whether coercive action can be taken against the petitioner pending the disposal of the certificate cases.
Subjects
- Public Demand Recovery
- Section 9 objections
- Section 10 final orders
- Hearing rights
- Coercive action
- Writ petition
- Certificate case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8891 of 2021
======================================================
Sanjay Kumar Mehta Son of Chandra Deo Mehta Proprietor of M/s Sanjay
Modern Mini Rice Mill, Resident of Village and P.O.- Sargawa, P.S.- Deo,
District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supplies, Govt. of Bihar, Patna.
2. District Magistrate-Collector, District- Aurangabad.
3. The Bihar State Food and Civil Supplies Corporation Limited through its
Managing Director, Khadya Bhawan, Daroga Rai Path, Patna.
4. The Managing Director, Bihar State Food and Civil Supplies Corporation
Limited, Khadya Bhawan, Daroga Rai Path, Patna.
5. The District Manager, Bihar State Food and Civil Supplies Corporation
Limited, District- Aurangabad.
6. The Store In-charge, Bihar State Food and Civil Supplies Corporation
Limited, Deo Centre, P.S. Deo, District- Aurangabad.
7. The Transporter, Bihar State Food and Civil Supplies Corporation Limited,
Aurangabad.
8. The Food Corporation of India through its Area Manager, Gaya.
9. The District Certificate Officer, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Mohan, Adv.
For the Respondent/s : Mr. S. Raza Ahmad (Aag5)
For the State : Mr. Anisul Haque
for the Resp. No. 8 : Mr. Sanjay Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
6 09-02-2026 Re:- I.A. No. 01 of 2025
For the reasons stated in the Interlocutory Application,
it is allowed.
2. Registry is directed to make the necessary
amendments in the prayer portion.
3. Learned counsel appearing on behalf of the
Patna High Court CWJC No.8891 of 2021(6) dt.09-02-2026
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petitioner submits that the petitioner has filed his objections
under Section 9 of the Bihar & Orissa Public Demand Recovery
Act, 1914 in Certificate Case No. 22/2017-18 and Certificate
Case No. 03/2013-14. Learned counsel submits that the
authority till date has not passed the final orders under Section
10 of the Bihar & Orissa Public Demand Recovery Act, 1914
and therefore seeks a direction to the respondent authority to
pass final orders under Section 10 duly taking into account the
objections filed by the petitioner and give him an opportunity of
hearing.
4. Learned counsel appearing on behalf of the
respondent State submits that she has no objection if a direction
is given to the District Certificate Officer to pass final orders
under Section 10 in accordance with law.
5. Having regard to the above made submissions, the
present writ petition is disposed of directing the Respondent No.
9 i.e. the District Certificate Officer, Aurangabad to dispose of
the Certificate Case No. 22/2017-18 and Certificate Case No.
03/2013-14 as expeditiously as possible preferably within a
period of twelve weeks from the date of receipt of the copy of
this order. The authority shall duly take into consideration the
objections filed by the petitioner and pass a reasoned order
Patna High Court CWJC No.8891 of 2021(6) dt.09-02-2026
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giving reasons either for rejecting the explanation or accepting
the same. It is needless to mention that before passing any order,
the petitioner shall be granted an opportunity of hearing. Any
order passed shall be communicated to the party.
6. With the above directions, the present writ petition
stands disposed of.
7. Till such time the final orders are passed, the
authority is directed not to take any coercive steps against the
petitioner. In case the petitioner does not cooperate for disposal
of the above- mentioned Certificate Cases, the authority is free
to pass necessary final orders under Section 10 and take
necessary action against the petitioner herein.
(A. Abhishek Reddy , J)
Gauravkr/-
U
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