Indrasan Kumari @ Indrasan Devi vs The State Of Bihar
2022 Latest Caselaw 5113 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.21853 of 2019
     ======================================================

Indrasan Kumari @ Indrasan Devi W/o Shri Umesh Paswan, R/o Village and P.O.-Balua, Police Station-Phulparas, District-Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Human Resource Department, Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The Regional Deputy Director, Education, Darbhanga Division, Darbhanga.

4. The District Magistrate, Madhubani.

5. The District Education Officer, Madhubani.

6. The District Programme Officer (Establishment), Madhubani.

7. The Sub Divisional Auction Letter Officer, Phulparas, District-Madhubani.

8. The Block Education Officer, Block-Ghoghardiha, District-Madhubani.

9. The Headmaster, Utkramit Middle School, Sangi, Block-Ghoghardiha, District-Madhubani.

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

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey (AAG 15) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 13-12-2022

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

"(i) For issuance of an appropriate order, direction or writ in the nature of CERTIORARI for quashing memo no. Connexure-9) 185, dated 06.07.2019 (Annexure-9) issued in Auction Letter Case No. 80/2018-19 issued by Sub Divisional Auction Letter Officer, Phulparas whereby and whereunder the petitioner has been Patna High Court CWJC No.21853 of 2019 dt.13-12-2022

directed to deposit Rs. 101116/- (Rupees One Lac one Thousand one hundred sixteen only) by dated 31.07.2019 which has been paid serving on to her when she was the post of Block Teacher.

(ii) For any other relief or reliefs for which the petitioner may be found entitled to in the facts and circumstances of the case."

It is not in dispute that petition under Section 9/

Section 16 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/ Section 16 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 Patna High Court CWJC No.21853 of 2019 dt.13-12-2022

terms:-

(a) Petitioner shall appear in the office of the

appropriate authority on 27.12.2022 at 10:30 A.M. 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/ Section 16 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;

Patna High Court CWJC No.21853 of 2019 dt.13-12-2022

(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)

( Partha Sarthy, J) Bibhash/-

AFR/NAFR
CAV DATE
Uploading Date          14.12.2022
Transmission Date