Shio Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8713 of 2026 ====================================================== Shio Kumar Prasad, Son of Late Kapil Deo Prasad, Resident of Village Pakari Dixit, Bhagyanagar, PS Kalyanpur, District East Champarna, Motihari (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Department, Government of Bihar, Patna.

2.

The Managing Director, Bihar State Food and Civil Supply Corporation, Bihar, Patna.

3.

The District Magistrate, Muzaffarpur.

4.

The District Manager, Bihar State Food and Civil Supply Corporation, Muzaffarpur.

5.

The District Supply Officer, Muzaffarpur.

6.

The Block Development Officer-cum-Enforement Officer, Kanti, Muzaffarpur.

7.

The District Certificate officer-cum-Sub Divisional Officer, West Muzaffarpur, District Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate.

For the Respondent/s :

Mr. Yogendra Prasad Sinha, AAG 7.

For the BSFC :

Mr. Shailendra Kumar Singh, Advocate.

Mr. Utkarsh Utpal, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 24-06-2026 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 Counsels.

2. Having regard to the fact that the petitioner has already filed his objection under Section 9 of the Bihar and

Patna High Court CWJC No.8713 of 2026(2) dt.24-06-2026 2/3 Orissa Public Demand Recovery Act, 1914 to the notice issued to him 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 objection and pass a reasoned order under Section 10 of the Act. The authority shall consider the maintainability of the certificate proceedings initiated by the Respondent-BSFC duly taking into consideration the objection filed by the petitioner. 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 this order. It is needless to mention that the petitioner shall be given an opportunity of hearing before any orders are passed. Any orders passed shall be communicated to the petitioner.

3. 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 petitioner do not cooperate for final disposal of the case, the authority is free to pass necessary orders strictly in

Patna High Court CWJC No.8713 of 2026(2) dt.24-06-2026 3/3 accordance with law.

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

(A. Abhishek Reddy, J) shakir/- U