Nagendra Singh vs The State Of Bihar
2022 Latest Caselaw 1201 Patna

Citation : 2022 Latest Caselaw 1201 Patna
Judgement Date : 17 February, 2022

Patna High Court

Nagendra Singh vs The State Of Bihar on 17 February, 2022

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.21306 of 2021
     ======================================================

Nagendra Singh, male, aged about 64 years, Son of Dhanesh Dutt Singh, Resident of Village - Kulharia, P.S.- Koilwar, District - Bhojpur.

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate, Buxar.

2. The Block Development Officer, Nawanagar, District - Buxar.

3. The Additional Collector-cum-District Certificate Officer, Buxar.

4. The S.H.O, Nawanagar Police Station, District Buxar.

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate Mr. Shivam Singh, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (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.) =======================================================

Date : 17-02-2022

Heard learned counsel for the parties.

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

"(i) For quashing/setting aside the Certificate Case No. 02 of 2014-2015 initiated against the petitioner (Nagendra Singh) by which a demand of Rs. 7,45,900/ has been made on the Patna High Court CWJC No.21306 of 2021 dt.17-02-2022

ground that the various places of the demand is blank number of certificate is blank Form 2 and 1.

(ii) For quashing the Certificate Case No. 02 of 2014-2015 instituted against the petitioner on the ground that the amount raised by the District Certificate Officer, Buxar is without jurisdiction, and thus it is illegal and unsustainable in the eye of law.

(iii) For quashing the notice dated 03.10.2019 issued under Letter No. 476 by the Additional Collector-cum-District Certificate Officer, Buxar in Certificate Case No. 02 of 2014- 2015 on the ground that the amount i.e. Rs 7,45,900/- raised by the Additional Collector-cum District Certificate Officer is without jurisdiction and thus it is illegal and unsustainable in the eye of law.

(iv) For issuance of any relief/ reliefs for which the petitioner is entitled for."

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 Patna High Court CWJC No.21306 of 2021 dt.17-02-2022

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 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 appropriate authority on 7th of March, 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 Patna High Court CWJC No.21306 of 2021 dt.17-02-2022

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 forum, if so required and desired.