Rita Devi v. The State of Bihar

Patna HC15 Sept 2025CWJC/11325/2025

Case brief

AI extract

What is this about?

Rita Devi v. State of Bihar; Patna High Court; CWJC No.11325 of 2025; decision dated 15-09-2025; Bihar and Orissa Public Demand Recovery Act, 1914; Section 7 notice; Section 9 objection; Section 10 reasoned order; direction to consider objection within twelve weeks; opportunity of hearing; bar on coercive steps; interim protection in recovery/certificate proceeding; Bihar State Food and Civil Supplies Corporation; Aurangabad.

What did the court decide?

Authorities directed to consider the petitioner's Section 9 objection, pass a reasoned order under Section 10 of the Act preferably within twelve weeks after giving her an opportunity of hearing and communicating the order; no coercive steps against the petitioner until final orders, subject to her cooperation. ¶¶21

Rita Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

How the authorities should deal with the petitioner's Section 9 objection to the Section 7 notice under the Bihar and Orissa Public Demand Recovery Act, 1914, and whether coercive steps against the petitioner should await that determination (implicit; the Court expressly declined to go into the merits).

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Court's answer

The authorities are directed to consider the petitioner's Section 9 objection and pass a reasoned order under Section 10 of the Act.

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Ratio / Principle

Without going into the merits or demerits, the writ petition was disposed of at the stage of admission with the consent of both parties.

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Key takeaways

The entire exercise is to be completed expeditiously, preferably within twelve weeks from the date of receipt of a copy of the order.ratio¶¶19
The petitioner shall be given an opportunity of hearing before any order is passed, and any such order shall be communicated to her.ratio¶¶19
Until final orders are passed, the authorities are directed not to take any coercive steps against the petitioner.

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.) disposed of a writ petition at the admission stage, with the consent of parties and without entering into merits, where the petitioner had already filed an objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 to a notice issued to her under Section 7 of that Act. The authorities were directed to consider the objection and pass a reasoned order under Section 10 of the Act, expeditiously and preferably within twelve weeks of receipt of a copy of the order, after affording the petitioner an opportunity of hearing and communicating the order to her. Until final orders, the authorities were directed not to take any coercive steps against the petitioner; however, if she failed to cooperate in the final disposal, the authority was left free to pass necessary orders strictly in accordance with law.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11325 of 2025

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Rita Devi Wife of Arunjay Kumar Gautam, Resident of Village- Gaini, P.SKhudwan, District- Aurangabad.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies Department, Government of Bihar, at Patna.

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Bihar State Food and Civil Supplies Corporation, Through its Managing Director, Government of Bihar, at Patna.

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The District Manager, Bihar State Food and Civil Supplies Corporation, Aurangabad, District- Aurangabad.

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The District Magistrate, Aurangabad, District- Aurangabad.

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The District Certificate Officer, Aurangabad, District- Aurangabad.

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Director DRDA-cum-District Certificate Officer, District- Aurangabad.

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The Officer-in-Charge, Khudwan, P.S- Khudwan, District- Aurangabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Alka Singh, Adv For the Respondent/s : Mr.Standing Counsel (06) For BSFC : Mr. Shailendra Kumar Singh, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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3 15-09-2025 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.

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Having regard to the fact that the petitioner has already filed her objection 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

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Patna High Court CWJC No.11325 of 2025(3) dt.15-09-2025 2/2

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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 twelve weeks from the date of receipt of a copy of this order. It is needless to mention that the petitioner shall be given an opportunity of hearing before any order is passed. Any order passed, shall be communicated to the petitioner.

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Till such time the final orders are passed, the authorities are directed not to take any coercive steps against the petitioner. It is made clear that in case the petitioner does not cooperate for final disposal of the case, the authority is free to pass necessary orders strictly in accordance with law.

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With the above directions, the present writ petition stands disposed of.

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(A. Abhishek Reddy , J)

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sunilkumar/-

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Rita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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