Shambhu Kumar Yadav @ Shambhu ... vs The State Of Bihar
2022 Latest Caselaw 4870 Patna

Citation : 2022 Latest Caselaw 4870 Patna
Judgement Date : 6 December, 2022

Patna High Court

Shambhu Kumar Yadav @ Shambhu ... vs The State Of Bihar on 6 December, 2022

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15054 of 2019
     ======================================================

Shambhu Kumar Yadav @ Shambhu Prasad Yadav S/o Ram Ekbal Ray resident of Vill.- Mukundpur Bhath, P.s.- Jandaha, Distt.- Vaishali, presently Mukhiya, Gram Panchayat Raj-Mukundpur Bhath, Block- Jandaha, Distt.- Vaishali

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna

2. The Director Panchayati Raj Department, Govt. of Bihar, Patna

3. The District Panchayati Raj Officer Vaishali, Hajipur

4. The District Magistrate Vaishali, Hajipur

5. The Certificate Officer Vaishali, Hajipur

6. The Deputy Development Commissioner-cum-Chief Executive Officer District Board, Vaishali, Hajipur

7. The Block Development Officer Jandaha, Distt.- Vaishali, Hajipur

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate Mr. Vijay Kumar Mukul, Advocate Mrs. Jyoti Prabhakar, Advocate Mr. Suraj Kumar, Advocate Mr. Abhinav Alok, Advocate For the Respondent/s : Mr. Manish Kumar, A.C. to AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 06-12-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.15054 of 2019 dt.06-12-2022

Patna High Court CWJC No.15054 of 2019 dt.06-12-2022

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 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 26th of December, 2023 along with a

copy of this order, on which date documents in support of the Patna High Court CWJC No.15054 of 2019 dt.06-12-2022

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

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

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;

Patna High Court CWJC No.15054 of 2019 dt.06-12-2022

(h) Liberty reserved to the petitioner to challenge the

order passed by the appropriate authority, before the appropriate

forum, if so required and desired.