Avadhesh Kumar vs The State Of Bihar
2022 Latest Caselaw 4476 Patna

Citation : 2022 Latest Caselaw 4476 Patna
Judgement Date : 12 August, 2022

Patna High Court

Avadhesh Kumar vs The State Of Bihar on 12 August, 2022

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10948 of 2022
     ======================================================

Avadhesh Kumar Son of Yogendra Prasad Yadav, Resident of 171, Jayprakash Nagar, Ward No 06, P.S.- Madhepura, District- Madhepura.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

3. The District Magistrate-cum- Collector, Madhepura.

4. The District Certificate Officer, Madhepura.

5. The District Sub- Registrar, Madhepura.

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

For the Petitioner/s : Mr.Ranjay Kumar Singh, Advocate For the Respondent/s : Mr.Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================

Date : 12-08-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.10948 of 2022 dt.12-08-2022

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.

Patna High Court CWJC No.10948 of 2022 dt.12-08-2022

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 12th of September, 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;

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 Patna High Court CWJC No.10948 of 2022 dt.12-08-2022

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.