Patna High Court
Tetari Devi vs The State Of Bihar on 11 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10585 of 2022
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Tetari Devi, Wife of Late Ram Pravesh Singh, resident of Village - Chakari,
P.O. Nandpur Amwari, Police Station-Ander, District-Siwan... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Development
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Food and Consumer Protection Department, Govt.
of Bihar, Patna.
3. The District Magistrate, Siwan.
4. The Deputy Development Commissioner, Siwan.
5. The Superintendent of Police, Siwan.
6. The District Certificate Officer, Siwan.
7. The District Manager, Bihar State Food and Civil Supplies Corporation,
Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate
For the Respondent/s : Mr.S. Raza Ahmad ( AAG 5 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 11-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
Patna High Court CWJC No.10585 of 2022 dt.11-08-2022
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
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:-
Patna High Court CWJC No.10585 of 2022 dt.11-08-2022
(a) Petitioner shall appear in the office of the
appropriate authority on 26.08.2022 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
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,
Patna High Court CWJC No.10585 of 2022 dt.11-08-2022
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;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.08.2022
Transmission Date NA
