Mohan Prasad vs The State Of Bihar
2022 Latest Caselaw 4701 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.16552 of 2022
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Mohan Prasad son of Ganga Prasad, resident of Village- Bathna, P.O.- Siswa, Ajagari Purvi, P.S.- Banjariya, District- East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Mining Department, Bihar, Patna.

2. The District Magistrate, East Champaran, Motihari.

3. The District Mining Officer, East Champaran, Motihari.

4. The District Auction Letter Officer-cum- Certificate Officer, East Champaran, Motihari.

5. The District Mining Development Officer, East Champaran.

6. The District Mining Inspector, East Champaran, Motihari.

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7 Mr. Naresh Dikshit, Spl. P.P. Mines

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY 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 : 02-12-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"1(i) To issue a writ, writs/ order, orders/ direction, directions to the respondents authorities Patna High Court CWJC No.16552 of 2022 dt.02-12-2022

no. 4 to not taken step against the petitioner, for auction and his arresting because of the petitioner has never operated a Briquette kiln.

(ii) To direct the respondent authorities to make enquiry regarding to operated a Briquette kiln by the petitioner in which year.

Meanwhile petitioner has never operated a Briquette kiln and department never issue a licence in favour of the petitioner for operation of the Briquette kiln.

(iii) To direct the respondent authorities to verify his official record, when the petitioner apply for the Briquette kiln in which year.

Then how the respondent authorities starting proceeding against the petitioner.

(iv) To ask explanation cum-show cause to the respondent authorities without issuing licence for operation of Briquette kiln in favour of the petitioner, How starting a certificate case no. as 68/Khanan/2021.

(v) To stay the operation of the notice dated 8.8.2022 issued under the signature of the respondent no.4."

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.16552 of 2022 dt.02-12-2022

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 three 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 19th of December, 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 three months Patna High Court CWJC No.16552 of 2022 dt.02-12-2022

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.16552 of 2022 dt.02-12-2022

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

(Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 03.12.2022 Transmission Date