Sanjay Kumar v. The State of Bihar

Patna HC16 Jul 2025CWJC/7824/2025

Case brief

AI extract

What is this about?

Certificate proceedings; District Certificate Officer Aurangabad; Section 10 of the Act; objections of certificate debtor to be considered; opportunity of hearing before order; disposal within three months; communication of order to parties; interim restraint on coercive steps; petitioner non-cooperation caveat; Bihar State Food and Civil Supplies Corporation; Patna High Court CWJC 7824/2025 dated 16-07-2025; A. Abhishek Reddy, J.

What did the court decide?

Direction to the District Certificate Officer to pass necessary orders under Section 10 of the Act after considering the petitioner's objections and giving an opportunity of hearing, preferably within three months, communicating the order to the parties; interim direction not to take coercive steps against the petitioner until the final order, subject to his cooperation. ¶¶14

Sanjay Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Certificate Officer should pass orders in the certificate proceedings after duly taking into consideration the objections already filed by the petitioner, with an opportunity of hearing. +1 more

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Court's answer

The writ petition is disposed of directing the Certificate Officer to pass necessary orders under Section 10 of the Act, duly taking into consideration the objections filed by the petitioner.

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Ratio / Principle

Before passing any order, the Certificate Officer shall give an opportunity of hearing to the petitioner.

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Key takeaways

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 the order.ratio¶¶17
Any order passed shall be communicated to the parties.ratio¶¶17
Till the final order is passed, the authority is directed not to take any coercive steps against the petitioner; in case the petitioner does not cooperate for the disposal of the case, the authority is free to pass any order.ratio

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), CWJC No.7824 of 2025, Sanjay Kumar v. The State of Bihar and others (decided 16-07-2025): Since the petitioner had already filed his objections before the District Certificate Officer, Aurangabad, the Court disposed of the writ petition directing the Certificate Officer to pass necessary orders under Section 10 of the Act, duly taking into consideration the petitioner's objections. Before passing any order the Certificate Officer must give the petitioner an opportunity of hearing; the exercise is to be completed as expeditiously as possible, preferably within three months of receipt of the copy of the order, and any order passed shall be communicated to the parties. Until the final order, the authority shall not take coercive steps against the petitioner, but remains free to pass any order if the petitioner fails to cooperate.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7824 of 2025

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

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Sanjay Kumar Son of Lal Mohan Prasad, Resident of village- Uphara, P.O and P.S- Uphara, 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, Food and Consumer Protection Department, Bihar, Patna

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The District Magistrate, Aurangabad.

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

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

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The District Certificate Officer, Aurangabad, District- Aurangabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Mohan, Advocate. For the Respondent/s : Mr. Government Pleader (23) with Mr. Sanjay Kumar, AC to GP-23. For the BSFC : Mr. Shailendra Kumar Singh, Adv. Mr. Utkarsh Utpal, Adv. Ms. Shilpi Singh, Adv. ======================================================

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

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3 16-07-2025 Having regard to the fact that the petitioner had already filed his objections before the Certificate Officer, the present writ petition is disposed of directing the Certificate Officer to pass necessary orders under Section 10 of the Act duly taking into consideration the objections filed by the petitioner.

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It is needless to observe that before passing any order, the Certificate Officer shall give an opportunity of

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Patna High Court CWJC No.7824 of 2025(3) dt.16-07-2025 2/2

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hearing to the petitioner. The entire exercise should 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.

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Till such time, the final order is passed, the authority is directed not to take any coercive steps against the petitioner. In case, the petitioner does not cooperate for the disposal of the case, the authority is free to pass any order.

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(A. Abhishek Reddy, J)

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shakir/-

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Sanjay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Kumar 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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