Biswambhar Rai @ Vishambhar Ray vs The State Of Bihar
2022 Latest Caselaw 5177 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.21809 of 2019
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Bishwambhar Rai @ Vishambhar Ray, Son of Late Gagandeo Rai @ Gagandev Ray, Resident of Village-Sakhisemra, Tola-Dainiya, P.S.-Palanwa, District-East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar, through Collector of East Champaran.

2. The Regional Manager, Uttar Bihar Gramin Bank, Motihari.

3. The Branch Manager, Uttar Bihar Gramin Bank at Ramgarhwa, District-East Champaran.

4. District Certificate Officer, East Champaran at Motihari.

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

For the Petitioner/s : Mr. Rakesh Kumar No.1, Advocate For the State : Mr. Kumar Samarjeet Singh, A.C. to S.C.21 For the Bank : Mr. Prabhakar Jha, Advocate ====================================================== 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):

"(A) For the order/orders/direction/directions/writ(s) especially in the nature of certiorari for quashing the entire proceeding of Certificate Case No. 96/GB/18- 19 (Ramgarhwa) pending before the District Certificate Officer, East Champaran, Motihari for not following the proceeding enumerated in the Bihar Orrisa Public Demand Recovery Act, 1914. (B) For the order/orders/direction/directions/writ(s) especially in the nature of mandamus for direction to the Respondent Uttar Bihar Gramin Bank, Motihari Patna High Court CWJC No.21809 of 2019 dt.13-12-2022

and especially the Branch Manager, Ramgarhwa to settle the case of the petitioner as One Time Settlement (OTS) scheme without calculating interest and same to be payable in installments. (C) To any other relief/reliefs to which the petitioner is legally entitled too."

It is not in dispute that petition under Section 9/16 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 to

be filed by the petitioner under Section 9/16 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.21809 of 2019 dt.13-12-2022

terms:-

(a) Petitioner shall appear in the office of the

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 9/16 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.21809 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) Saurabh/P.K.P.

AFR/NAFR
CAV DATE
Uploading Date          14.12.2022
Transmission Date