Ashok Kumar Singh vs The State Of Bihar
2022 Latest Caselaw 5075 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.21744 of 2019
     ======================================================

Ashok Kumar Singh S/o Chandradeep Singh Resident of Village- Madhurapur Kushdey, P.S.- Lalganj, Distt.- Vaishali

... ... Petitioner/s Versus

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

2. The Director of Panchayati Raj Department, Bihar

3. The District Panchayati Raj Officer Vaishali at Hajipur

4. The District Magistrate Vaishali at Hajipur

5. The Certificate Officer-cum-Additional Collector District- Vaishali

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

7. The Sub Divisional Officer Vaishali

8. The Deputy Collector Land Reforms, Vaishali

9. The Block Development Officer-cum-Executive Officer Panchayati Samiti Prakhand, Vaishali

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

For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate For the Respondent/s : Mr. Kumar Alok (SC7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 12-12-2022

Petitioner has prayed for the following relief(s):

"(i) For directing and commanding the respondents to quash the Certificate Case No.243/2014-15 instituted against her as well as the notice (Annexure-

4) issued against her U/S 7 of the Public Demand and Recovery Act by respondent No.5 the Certificate Officer.

Patna High Court CWJC No.21744 of 2019 dt.12-12-2022

(ii) Pass such other or further order(s) direction(s) as the Hon'ble Court may deem fit and proper in facts and circumstances of the case and to meet the ends of justice."

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 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.

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 Patna High Court CWJC No.21744 of 2019 dt.12-12-2022

appropriate authority on 04.01.2023 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

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 Patna High Court CWJC No.21744 of 2019 dt.12-12-2022

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)

( Partha Sarthy, J) Saurabh/P.K.P.

AFR/NAFR
CAV DATE
Uploading Date          13.12.2022
Transmission Date