Eden Transport Pvt. Ltd vs The State Of Bihar
2022 Latest Caselaw 5169 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.22648 of 2019
     ======================================================

Eden Transport Pvt. Ltd. through its Director, Mr. Niranjan Rai, Son of Kamal Dev Rai, Permanent Resident of 7, J.L. Neharu Road, Metro Cinema, Dharamtala, Kolkata, West Bengal- 700013, Presently residing at Flat No. 507, Madhuban Apartment, L.B.S. Nagar, Patna- 800023

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Transport Department, Government of Bihar, Viswasaraiya Bhawan, Bailey Road, Patna- 800001

2. Bihar State Road Transport Corporation through the Administrator, Sultan Palace, Veer Chand Patel Path, Patna- 800001

3. The Administrator, Bihar State Road Transport Corporation, Sultan Palace, Veer Chand Patel Path, Patna- 800001

4. Joint Commissioner-cum-Secretary (Certificate Officer) Regional Transport Authority, Patna Division, Commissioners Office, Gandhi Maidan, Patna- 800001

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

For the Petitioner/s : Mr. Raushan, Advocate Mr. Ujjawal Bhushan, Advocate Mr. Abhay Kumar, Advocate For the Respondent/s : Mr. Prabhat Kumar Verma, Advocate Mr. Ray Saurabh Nath, Advocate Mr. Ajay Kumar Rastogi, AAG-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 13-12-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.22648 of 2019 dt.13-12-2022

Learned counsel for the petitioner states that post

filing of the present petition, the Award in the arbitral

proceedings inter se the parties is expected to be pronounced in

near future.

It is not in dispute that petition under Section 9/16 of Patna High Court CWJC No.22648 of 2019 dt.13-12-2022

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 9/16 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 2nd of January, 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 9/16 of

the Act.

Patna High Court CWJC No.22648 of 2019 dt.13-12-2022

(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;

(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 Patna High Court CWJC No.22648 of 2019 dt.13-12-2022

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, shall stand

disposed of.

(Sanjay Karol, CJ)

(Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 14.12.2022 Transmission Date