Kumar Arbind Singh vs The State Of Bihar
2022 Latest Caselaw 4267 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9808 of 2022
     ======================================================

Kumar Arbind Singh Son of Late Aaryu Singh Resident of Village-Kusuma Basdiha, P.S.-Simra, District-Aurangabad.

... ... Petitioner/s Versus

1. The State of Bihar Bihar

2. The District Magistrate, Aurangabad.

3. The District Certificate Officer, Aurangabad.

4. The Branch Manager, Dakshin Bihar Gramin Bank Mahrajganj Road, Aurangabad.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Santosh Kumar Pandey, Advocate For the Respondent/s : Mr.Sheo Shankar Prasad (SC8) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 04-08-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.9808 of 2022 dt.04-08-2022

It is not in dispute that petition under Section 9 of the

Bihar & Orissa Public Demands Recovery Act, 1914

(hereinafter referred to as "the Act") is pending

consideration/petitioner intends to file before the appropriate Patna High Court CWJC No.9808 of 2022 dt.04-08-2022

authority.

Learned counsel for the parties jointly pray that the

instant petition be disposed of with direction to the appropriate

authority to consider and decide the same expeditiously.

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.

Statement accepted and taken on record.

As such, petition stands disposed of in the following

terms:-

(a) Petitioner shall appear in the office of the

appropriate authority on 29th of August, 2022 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 months Patna High Court CWJC No.9808 of 2022 dt.04-08-2022

from the date of appearance of the petitioner before him and till

then no coercive steps be taken against the petitioner;

(c) The authority shall also examine as to whether the

amount in question falls within the definition of public demand

or not;

(d) Needless to add, while considering such petition,

principles of natural justice shall be followed and due

opportunity of hearing afforded to the parties;

(e) Order assigning reasons shall be supplied to the

parties;

(f) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(g) We are 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;

(h) Liberty reserved to the petitioner to challenge the

order passed by the appropriate authority, before the appropriate

forum, if so required and desired.

(i) We have not expressed any opinion on merits. All

issues are left open;

Patna High Court CWJC No.9808 of 2022 dt.04-08-2022

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

AFR/NAFR CAV DATE Uploading Date Transmission Date