M/s Patliputra Builders Ltd. v. The State of Bihar
CWJC/11062/2026 · 2026-08-13
Girijish Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29360 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29360 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 11062 of 2026 In Criminal Writ Jurisdiction Case No.1360 of 2026 ====================================================== M/s Patliputra Builders Ltd. through its director Anil Kumar, Male, aged about 53 years, S/o Late Chhatu Choudhary, Resident of Flat No. 601, Maharaja Kameshwar Complex, Fraser Road, P.s-Kotwali, District- Patna-
800001. ... ... Petitioner/s Versus
1. The State of Bihar through the Director General of Police, Bihar Patna.
2. The District Magistrate, Patna
3. The District Certificate Officer-cum-District Panchayati Raj Officer, Patna.
4. The Labour Commissioner, Department of Labour, Government of Bihar, Patna.
5. The Deputy Labour Commissioner-cum-Controlling Officer, Department of Labour, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Singh, Advocate For the Respondent/s : Mr. Government Pleader (19) ======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 3 13-08-2026 Heard learned counsel for the parties.
2. In this writ application, the petitioner has prayed for the following relief(s):-
“(A) ….. nature of Certiorari or any other appropriate writ/s, order/s direction/s quashing the following: (i) To issue rule in the nature of certiorari to quash the impugned order issued vide letter no. 02 dated 07.03.2026 and vide letter no. 15 dated 20.05.2026 passed by the
Patna High Court CWJC No. 11062 of 2026(3) dt.13-08-2026 2/5 Respondent no. 3 in Certificate Case no. 798 of 2023-24. (B) A writ in the nature of mandamus or any other appropriate writ/s, order/s direction/s for the following reliefs: (i) To stay the operation of order dated 07.03.2026 and 20.05.2026 passed by the Respondent No. 3 during the pendency of the instant case. (ii) To direct the Respondent No.3 to decide the objection petition of the Petitioner filed under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914. (C) To any other relief/s to which the petitioner is found entitled to.
3. It is not in dispute that petition under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914 (hereinafter refereed to as “the Act”) is pending
consideration/petitioner intends to file before the appropriate authority.
4. Learned counsel for the parties jointly pray that the instant petition be disposed of with direction to the appropriate
Patna High Court CWJC No. 11062 of 2026(3) dt.13-08-2026 3/5 authority to consider and decide the same expeditiously.
5. Learned counsel for the State states that the appropriate authority shall consider and decide the petition filed/to be filed by the petitioner under Section 9 of the Act positively within a period of two months from the date of appearance of the petitioner before him along with a copy of this order and the issue of limitation shall not come in the way of decision on merits.
6. Statement of both the parties are accepted and taken on record.
7. As such, petition stands disposed of in the following terms:- (a) Petitioner shall appear in the office of the appropriate authority on 10.09.2026 along with a copy of this
order, on which date documents in support of the petition shall be filed, or else file a fresh petition under Section 9 of the Act. (b) The appropriate authority shall consider and dispose of the petitioner’s petition expeditiously, by a reasoned and speaking order, preferably within a period of two month from the date of appearance of the petitioner before him and till then no coercive steps shall be taken against the petitioner. (c) The authority shall also examine as to whether the
Patna High Court CWJC No. 11062 of 2026(3) dt.13-08-2026 4/5 amount in question falls within the definition of public demand or not; (d) The authority shall also examine all issues including question of fact and law; (e) Needless to add, while considering such petition, principles of natural justice shall be followed and due opportunity of hearing as also leading evidences has to be afforded to the parties; (f) Order assigning reasons shall be supplied to the parties; (g) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law; (h) I am hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (i) Liberty reserved to the petitioner to challenge the
order passed by the appropriate authority, before the appropriate forum, if so required and desired. (j) I am not expressed any opinion on the merits. All issues are left open;
Patna High Court CWJC No. 11062 of 2026(3) dt.13-08-2026 5/5
8. The writ application stands disposed of in the aforesaid terms.
9. Interlocutory Application(s), if any, stands disposed of.
dhaneshwar/- (Girijish Kumar, J) U