Laxmi Pratap Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Laxmi Pratap Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of at admission stage with consent of parties: petitioner to file objections under Section 9 before the Certificate Officer (Respondent No. 4) within four weeks; Certificate Officer to afford hearing, consider objections and pass orders under Section 10, completing the exercise preferably within three months; orders to be communicated to parties; no coercive steps against petitioner till final orders, subject to the petitioner cooperating in the disposal of the case.

Issue for consideration

Disposition of the petitioner's challenge to the notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 by the Certificate Officer (Respondent No. 4).

Court's answer

The writ petition was disposed of at the stage of admission, with the consent of both parties, without going into the merits or demerits, as the petitioner challenges only the notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914.

Ratio / Principle

The petitioner was directed to file his objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act before the Certificate Officer (Respondent No. 4) within a period of four weeks from the date of the order.

Key takeaways

On such objections being filed, the Certificate Officer shall consider them and pass necessary orders under Section 10 of the Act, duly taking into consideration the objections filed by the petitioner.ratio¶20
Before passing any order, the Certificate Officer shall give an opportunity of hearing to the petitioner.ratio¶21
The entire exercise shall be completed as expeditiously as possible, preferably within a period of three months from the date of receipt of the copy of this order.

Detailed headnote1 paragraphs

Bihar and Orissa Public Demands Recovery Act, 1914 - Notice under Section 7 issued by Certificate Officer, Aurangabad (Respondent No. 4) - Writ petition challenging such notice - Disposed of at the stage of admission with consent of both parties, without going into merits or demerits - Petitioner directed to file objections under Section 9 before the Certificate Officer within four weeks - Certificate Officer to consider objections and pass necessary orders under Section 10 duly taking them into consideration - Opportunity of hearing to be given before passing any order - Entire exercise to be completed expeditiously, preferably within three months from receipt of copy of the order - Orders to be communicated to parties - Authorities directed not to take coercive steps against petitioner till final orders - If petitioner fails to cooperate, authority free to pass any order strictly in accordance with law.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3838 of 2025

======================================================

Laxmi Pratap Singh, Son of Uday Pratap Singh, Proprietor of M/s Pratap Arwa Rice Mill, R/O Vill- Karma Bhagwan, P.S. Aurangabad, District -Aurangabad,

... ... Petitioner/s

Versus

The State of Bihar through its Principle Secretary, Food and Civil Supply Department, Govt Of Bihar, Patna.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd, Khadya Bhawan, Patna, Bihar.

The District Magistrate, Aurangabad.

The District Certificate Officer, Aurangabad.

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

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Singh, Advocate. For the Respondent/s : Mr. Government Pleader (19). For the BSFC : Mr. Shailendra Kumar Singh, Adv. Mr. Utkarsh Utpal, Adv.

======================================================

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

3 04-07-2025

Without going into the merits or demerits of this case, the present writ petition is disposed of at the stage of admission with the consent of both the parties, having regard to the fact that the petitioner is only challenging the notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 by the Certificate Officer i.e. Respondent No. 4 herein, the present writ petition is disposed of directing the petitioner to file his objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act before the Certificate

Patna High Court CWJC No.3838 of 2025(3) dt.04-07-2025 2/2

Officer i.e. Respondent No. 4 herein within a period of four weeks from today. On such objections being filed, the Certificate Officer shall consider the same and pass necessary orders under Section 10 of the Act duly taking into consideration the objections filed by the petitioner.

It is needless to observe that before passing any order, the Certificate Officer shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of three months from the date of receipt of the copy of this order. Any order passed shall be communicated to the parties.

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

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

(A. Abhishek Reddy, J)

shakir/- U