M/S Green City Real Estate Pvt. Ltd., Vs The State of Bihar — Patna HC (2025) — LawSathi Research

M/S Green City Real Estate Pvt. Ltd., Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Authorities directed to consider the petitioners' objections and pass a reasoned order under Section 10 of the Act within twelve weeks, affording an opportunity of hearing and communicating the orders; interim bar on coercive steps against the petitioners until final orders, conditional on the petitioners' cooperation.

Issue for consideration

Whether the competent authorities must consider the petitioners' objections filed under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 and dispose of them by a reasoned order under Section 10 of the Act. +1 more

Court's answer

The Court directed the authorities to consider the petitioners' objections (already filed under Section 9) and pass a reasoned order under Section 10 of the Act.

Ratio / Principle

The entire exercise (consideration of objections and reasoned order under Section 10) shall be completed expeditiously, preferably within twelve weeks of receipt of the copy of the order; the petitioners shall be given an opportunity of hearing before any orders are passed, and any orders passed shall be communicated to the petitioner.

Key takeaways

Until final orders are passed, the authorities are directed not to take any coercive steps against the petitioners.ratio¶21
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.ratio¶21
The writ petition was disposed of at the stage of admission, with the consent of both parties, without the Court going into the merits or demerits of the case.

Detailed headnote1 paragraphs

Writ Petition — Bihar and Orissa Public Demand Recovery Act, 1914 — disposal at admission with consent, merits not examined — Petitioner (M/s Green City Real Estate Pvt Ltd, Motihari) had filed objections under Section 9 of the Act against a notice issued under Section 7; High Court (A. Abhishek Reddy, J) disposed of CWJC No.9116 of 2025 on 18-09-2025 directing the authorities to consider the objections and pass a reasoned order under Section 10 of the Act, completing the exercise preferably within twelve weeks of receipt of the order, after giving the petitioners an opportunity of hearing and communicating any orders passed; until final orders, authorities directed not to take coercive steps against the petitioners, with the caveat that non-cooperation frees the authority to pass orders strictly in accordance with law.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9116 of 2025

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

M/S Green City Real Estate Pvt Ltd., having Office at 1st Floor, Opposite Custom Building, Near Town Thana, Motihari, through it Managing Director Santosh Kumar, aged about 45 Years, (M), Son of Rampravesh Prasad @ Ramanaresh Prasad, Resident of Mohalla- Gopalpur West, Ward no. 34, P.S.Motihari Town, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar through District Magistrate, Motihari, East Champaran.

The District Magistrate, Motihari, East Champaran.

The District Sub Registrar, Motihari, East Champaran.

The Certificate Officer, Motihari, East Champaran.

Chandrika Prasad Singh S/o Late Luchi Singh Resident of Village-Chanda, Post-Dhobi, P.S.-Bara Chattii District-Gaya.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Samir Kumar, Adv. For the Respondent/s : Mr.Standing Counsel (20) Mrs. Puspanjali Sharma, AC to SC 20 ======================================================

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.

Having regard to the fact that the petitioners have already filed their objections 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 directing the authorities to consider the said objections and pass

Patna High Court CWJC No.9116 of 2025(2) dt.18-09-2025 2/2

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 the copy of this order. It is needless to mention that the petitioners shall be given an opportunity of hearing before any orders are passed. Any orders passed shall be communicated to the petitioner.

Till such time the final orders are passed, the authorities are directed not to take any coercive steps against the petitioners. 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.

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

(A. Abhishek Reddy , J)

Bhardwaj/-

U