Sindhu Kumari vs The State Of Bihar, Through The ...
2022 Latest Caselaw 1102 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.18416 of 2021
     ======================================================

Sindhu Kumari Daughter of Surendra Paswan, Wife of Balwanta Kumar Resident of Krishna Nagar, Ward No. 23, Batraha Saharsa. At Present Resident of House No. 623, Sudama Sadan, Gangjala, Police Station Saharsa Sadar, District Saharsa.

... ... Petitioner/s Versus

1. The State of Bihar, through the Principal Secretary, Education Department, Patna.

2. The Principal Secretary, Education Department, Patna.

3. The State Project Director, Bihar Education Project Council, Patna.

4. The Director Primary Education, Government of Bihar, Patna.

5. The Civil works Manager, Bihar Education Project Council, Patna.

6. The District Magistrate, Saharsa.

7. District Certificate Officer, Saharsa.

8. The District Program Officer, Primary Education and Sarva Shiksha Abhiyan, Bihar Education Project Council, Saharsa.

9. The Block Education Officer, Mahishi, District Saharsa.

10. The Panchayat Secretary, Gram Panchayat Raj, Jhara, Circle Mahishi, District Saharsa.

11. Sri Ganesh Kumar, the Incharge Head master, Nav Srijit Primary School Tikolwa, Police Station Mahishi, Distict Saharsa.

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s : Mr.Satish Kumar Singh, Adv For the Respondent/s : Mr.Smt. Shilpa Singh (GA12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

Date : 14-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

"1. That this application is being filed for Patna High Court CWJC No.18416 of 2021 dt.14-02-2022

issuance of appropriate writ/writs, order/orders, direction/directions in regard to quashing of the Certificate Case No. Misc. 20/2020-21 pending before the District Certificate Officer, Saharsa.

2. That the petitioner prays for the following relief/reliefs:

(i) The Certificate Case No. 20/2020-21 before the "Jila Nilam Patr Padadhikari", Saharsa (District Certificate Officer, Saharsa) be quashed.

(ii) The Notices arising out of the proceeding of certificate case be quashed.

(iii) During pendency of the instant writ application the proceeding of certificate case No. Misc. 20/2020-21 be stayed."

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. Patna High Court CWJC No.18416 of 2021 dt.14-02-2022

As such, petition stands disposed of in the following

terms:-

(a) Petitioner shall appear in the office of the

appropriate authority on 02.03.2022 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;

(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.18416 of 2021 dt.14-02-2022

(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)

( S. Kumar, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date
Transmission Date       NA