Raj Kumar Mishra vs The State Of Bihar
2022 Latest Caselaw 921 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15634 of 2021
     ======================================================

1. Raj Kumar Mishra S/o Late Satya Narayan Mishra, Proprietor of M/S Kamal Nayan Electronics, Hospital Road, Simri, R/o Vill-Keshopur, P.S.- Simri, Dist.-Buxar.

2. Urmila Devi, W/o Kamlesh Prasad Bari, then she was Mukhiya of Gram Panchayat Kathar, R/o Vill Kathar, P.S.-Simri, Dist.-Buxar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Dept. of Rural Development, Govt. of Bihar, Old Secretariat, Patna.

2. The Principal Secretary, Rural Development Dept. Govt. of Bihar, Old Secretariat, Patna.

3. The District Magistrate, Buxar.

4. The Additional Collector-cum-Certificate Officer, Buxar.

5. The Block Development Officer, Simri, Dist-Buxar.

6. S.H.O. Simri Police Station, Buxar.

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

For the Petitioner/s : Mr.Dr. Kamal Deo Sharma, Advocate For the Respondent/s : Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (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 : 03-02-2022

Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s). Patna High Court CWJC No.15634 of 2021 dt.03-02-2022

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/petitioners intend to file before the appropriate

authority.

Patna High Court CWJC No.15634 of 2021 dt.03-02-2022

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 petitioners 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) Petitioners shall appear in the office of the

appropriate authority on 24th of February, 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 petitioners's petition expeditiously, by a reasoned

and speaking order, preferably within a period of two months

from the date of appearance of the petitioners before him and till Patna High Court CWJC No.15634 of 2021 dt.03-02-2022

then no coercive steps be taken against the petitioners;

(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 petitioners to

take recourse to such alternative remedies as are otherwise

available in accordance with law;

(g) We are hopeful that as and when petitioners take

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 petitioners 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.

Patna High Court CWJC No.15634 of 2021 dt.03-02-2022

Interlocutory Application(s), if any, stands disposed

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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