Sachidanand Singh vs The State Of Bihar
2022 Latest Caselaw 1218 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.584 of 2022
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Sachidanand Singh S/o Late Fuleshwar Prasad Singh, R/o Vilage and Post- Kapasia, P.S.-Shor Bazar, District-Saharsha, Bihar-852107.

... ... Petitioner/s Versus

1. The State of Bihar Bihar.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. BIhar Education Project Council, Patna, through its State Project Director.

4. The District Magistrate, Saharsha, Bihar.

5. The District Programme Officer, Elementary Education and Sarva Siksha Abhiyan, Bihar Education Project, Saharsha, Bihar.

6. The District Certificate Officer, Saharsha, Bihar.

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

For the Petitioner/s : Mr.Rakesh Kumar Singh For the Respondent/s : Mr.Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-02-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

"(i) For issuance of appropriate writ in the nature of mandamus/certiorari, commanding the respondents not to recover the amount in question from the petitioner and drop the entire certificate proceeding initiated against him.

(ii) For quashing of the Letter No. 1164 dated 30.12.20 issued under the signature of the Respondent No. 5 whereby and where under a Patna High Court CWJC No.584 of 2022 dt.18-02-2022

written requisition has been sent to the Respondent No. 6 for institution of a Certificate Case against the petitioner.

(iii) For quashing of the entire Certificate Proceeding pertaining to Certificate Case (Miscellaneous) No. 21/2020-21 pendiong before the District Certificate Officer, Saharsha (the Respondent No. 6), which has been initiated against the petitioner in violation of the stipulations made in Section 3(6) Section 5 and 6 of the Bihar & Orissa Public Demands Recovery Act, 1914.

(iv) Fro holding that, since recovery of the alleged amount does not come within the ambit of Public Demand as mentioned in Section 3(6) read with Schedule-1 of the Bihar and Orissa Public Demands Recovery Act, 1914 and Article 3 of the Appendix-A of the Board's instruction, it is not a public demand, thereby initiation of the certificate proceeding against the petitioner by the Respondent No. 6 on the basis of the requisition as contained in Letter No. 1164 dated 30.12.20 (Annexure-1) is not maintainable in the eye of law and the act of the respondent concern is arbitrary, illegal and discriminatory, in as much as inherently without jurisdiction.

(v) For further holding that since was/is no dues with the petitioner payable to the Government or its agency, the amount in question is neither recoverable from the petitioner nor can be recovered under the Bihar and Orissa Public Demands Recovery Act.

(vi) And also any other appropriate\ reliefs may be given to the petitioner under the given facts of the case."

Patna High Court CWJC No.584 of 2022 dt.18-02-2022

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 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 10th 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 Patna High Court CWJC No.584 of 2022 dt.18-02-2022

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;

(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 Patna High Court CWJC No.584 of 2022 dt.18-02-2022

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) Rajiv/veena-

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