Patna High Court
Ajay Chaudhary vs The State Of Bihar on 12 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11398 of 2022
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Ajay Chaudhary Son of Jarman Chaudhary, Resident of Rahimpur Tola
Sonbarsha, Ward no 15, P.S.- Khagaria (M), District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through Dist. Magistrate Khagaria.
2. The Dist. Magistrate, Khagaria.
3. The Dist. Certificate Officer, Khagaria.
4. The Bihar State Food and Civil Supplies Corporation, Khadya Bhawan,
Daroga Rai Path, Patna- 1 through its Managing Director.
5. The District Manager, Bihar State Food and Civil Supply Corporation,
Motihar Dist- Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amrendra Narayan Rai, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (SC4)
Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
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(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.)
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Date : 12-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.11398 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
Patna High Court CWJC No.11398 of 2022 dt.12-08-2022
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 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;
(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
Patna High Court CWJC No.11398 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.
(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)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 16.08.2022
Transmission Date
