Anuradha Sinhania @ Anu Singhania vs The State Of Bihar
2022 Latest Caselaw 4922 Patna

Citation : 2022 Latest Caselaw 4922 Patna
Judgement Date : 8 December, 2022

Patna High Court

Anuradha Sinhania @ Anu Singhania vs The State Of Bihar on 8 December, 2022

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.19254 of 2019
     ======================================================

Anuradha Sinhania @ Anu Singhania W/o Sri Kailash Kumar Sinhania, Resident of Mohalla- Lal Bazar, P.O. and P.S.- Bettiah Town, District- West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Inspector General (Registration), Tirhut Division, Muzaffarpur.

3. The Assistant Inspector General (Registration), Tirhut Division, Muzaffarpur.

4. The District Magistrate cum Collector, West Champaran, Bettiah.

5. The Deputy Collector-cum-Certificate Officer, West Champaran, Bettiah.

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

For the Petitioner/s : Mr. Indrajesh Kumar, Advocate Mr. Vikash Ratan Bharti, Advocate For the Respondent/s : Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 08-12-2022

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

"i) To issue an appropriate writ/order/direction in the nature of mandamus commanding the respondent no. 2 to dispose of the certificate Appeal Case NO. 09 of 2019 within a time framed by this Hon'ble Court.

ii) To issue an appropriate writ/order/direction in the nature of mandamus directing the respondent no.3 (Assistant Collector cum certificate officer, Bettiah, West Champaran) not to proceed further in certificate Case No. 18 of 2017-18 till Patna High Court CWJC No.19254 of 2019 dt.08-12-2022

disposal of certificate Appeal Case No. 09 of 2019 pending before the District collector, Bettiah (Respondent No. 4).

iii) To issue a writ for staying the further proceeding in certificate Case No. 18 of 2017- 18 pending before the Respondent NO. 5. (Assistance Collector cum certificate officer, Bettiah, West Champaran) till the disposal of certificate Appeal Case NO. 09 of 2019 pending before the District collector, Bettiah (Respondent No. 4).

iv) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case."

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.19254 of 2019 dt.08-12-2022

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 23.12.2022 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 Patna High Court CWJC No.19254 of 2019 dt.08-12-2022

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.