Brajkishor Prasad vs Bharat Sangh
2022 Latest Caselaw 823 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10276 of 2021
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Brajkishor Prasad S/o - Ramdutt Prasad, Gram- Aaudhogik Kshetra Vikash Bettiah, Thana - Bettiah (Mu.), Zila - Paschim Champaran.

... ... Petitioner/s

Versus

1. Bharat Sangh dwara Kendriya Grih Sachiv, Bharat Sarkar, New Delhi.

2. Vikash Ayukta, (M.S.M.E.) Sukshm, Laghu avam Madhyam Udham Mantralaya, Bharat Sarkar, Nai Delhi.

3. Bihar Rajya dwara Mukhya Sachiv, Bihar Sarkar, Patna.

4. Nideshak, Khadi aur Gramudhyog Ayogya, Post - B.V. College, Sheikhpura, Patna - 14.

5. Mukhya Karyapalak Padadhikari, Jharkhand Rajya Khadi avam Gramoudyog Board (Jharkhand Sarkar ka Upkram) Ranchi, Jharkhand.

6. Zila Padadhikari, Paschim Champaran, Bettiah.

7. Variya Upsamaharta (Banking Koshang), Paschim Champaran, Bettiah.

8. Zila Nilam Patra Padadhikari, Paschim Champaran, Bettiah.

9. Kshtriya Prabandhak, Bhartiya State Bank, Bettiah.

10. Shakha Prabandhak, Bhartiya State Bank, Bettiah.

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

For the Petitioner/s : Mr.Indradeo Prasad, Advocate For the Respondent/s : Mr. Ajay Kumar Rastogi, AAG 10 Mr.Dr. K.N. Singh (Asg) ====================================================== 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 through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 31-01-2022 Heard learned counsel for the parties. Patna High Court CWJC No.10276 of 2021 dt.31-01-2022

Petitioner has prayed for following reliefs:- Patna High Court CWJC No.10276 of 2021 dt.31-01-2022

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 18th 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 Patna High Court CWJC No.10276 of 2021 dt.31-01-2022

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;

(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.10276 of 2021 dt.31-01-2022

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)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          02.02.2022
Transmission Date       NA