Bishnudeo Yadav @ Vishunudeo Prasad Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bishnudeo Yadav @ Vishunudeo Prasad Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file objections under Section 9 of the Public Demand Recovery Act within 4 weeks; objections to be considered and final orders passed under Section 10, exercise preferably completed within 12 weeks, with opportunity of hearing and communication of the order; authority directed not to take coercive steps against the petitioner till final orders are passed.

Issue for consideration

Whether the petitioner may be permitted to file objections under Section 9 of the Public Demand Recovery Act against the notice issued under Section 7, and whether such objections shall be considered and final orders passed under Section 10. +1 more

Court's answer

Writ petition disposed of granting liberty to the petitioner to file objections under Section 9 of the Public Demand Recovery Act within 4 weeks; on such objections being made, they shall be considered and necessary final orders passed under Section 10, the entire exercise to be completed preferably within 12 weeks from receipt of the copy of the objections.

Ratio / Principle

Before passing any order the petitioner shall be given an opportunity of hearing, and any order passed shall be communicated to the petitioner.

Key takeaways

Until final orders are passed, the authority is directed not to take any coercive steps against the petitioner.ratio¶19
If the petitioner does not cooperate for final disposal of the case, the authority is free to pass necessary orders strictly in accordance with law.ratio¶20

Detailed headnote1 paragraphs

Public Demand Recovery Act (Bihar) — writ petition disposed of at the stage of admission with consent of parties, without going into merits — petitioner, who had not filed objections to a notice issued under S.7 of the Public Demand Recovery Act, granted liberty to file objections under S.9 within 4 weeks — objections to be considered and final orders passed under S.10, entire exercise preferably within 12 weeks — opportunity of hearing to be given and order communicated to petitioner — authority restrained from taking coercive steps till final orders — if petitioner fails to cooperate, authority free to proceed strictly in accordance with law. (A. Abhishek Reddy, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9079 of 2025

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

Bishnudeo Yadav @ Vishunudeo Prasad Singh, Son of Sant Yadav, Resident of village Sonwati, P.S. Bhairabsthan, District-Madhubani.

... ... Petitioner/s

Versus

The State of Bihar through the District Magistrate, Madhubani.

The General Manager Industry, Madhubani.

The District Certificate Officer, Madhubani.

The Branch Manager Punjab National Bank, Rajnagar, Madhubani.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Gagandeo Yadav, Adv. Mr.Ravi Prakash, Adv. Mr. U. K. Yadav, Adv. For the Respondent/s : Mr. Raj Kishore Roy, Government Pleader (18) For the Bank Mr. Mritunjay Kr., Adv. Mr. Vibhuti Kr., Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

2 18-09-2025

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.

2. Learned counsel appearing on behalf of the petitioner has stated that the petitioner has not filed his objections under Section 9 of the Public Demand Recovery Act against the notice issued to the petitioner under Section 7 of the Public Demand Recovery Act. Learned counsel has stated that the petitioner may be permitted to file his objections and the same may be considered and necessary orders passed under Section 10 of the of the Public Demand Recovery Act.

Having regard to the same, the present writ petition is

Patna High Court CWJC No.9079 of 2025(2) dt.18-09-2025 2/2

disposed of granting liberty to the petitioner to file his objections under Section 9 of the Public Demand Recovery Act within a period of 4 weeks from today. On such objections being made, the same shall be considered and necessary final orders passed under Section 10 of the Public Demand Recovery Act. 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 the objections from the petitioner.

2. It is needless to mention that before passing any order the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.

3. Till such time the final orders are passed, the authority is directed not to take any coercive steps against the petitioner.

4. It is made clear that in case the petitioners do not cooperate for final disposal of the case, the authority is free to pass necessary orders strictly in accordance with law.

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

(A. Abhishek Reddy , J)

Bhardwaj/-

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