Nilam Devi vs The State Of Bihar
2022 Latest Caselaw 3100 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7023 of 2022
     ======================================================

Nilam Devi, Wife of Arun Yadav, Resident of Village - Daparkha, Ward No. 2, Police Station- Triveniganj, District- Supaul.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Inspector General, Registration, Bihar, Patna.

3. The Assistant Inspector General, Registration, Koshi Division, Saharsa.

4. The District Magistrate cum District Registrar, Supaul.

5. The Sub Registrar, Triveniganj, Supaul.

6. The District Certificate Officer, Supaul.

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

For the Petitioner/s : Mr.Rajesh Kumar Sinha, Advocate For the Respondent/s : Mr.Vikash Kumar (SC11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 21-06-2022

The petitioner has prayed for the following

relief/s :-

Patna High Court CWJC No.7023 of 2022 dt.21-06-2022

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 Patna High Court CWJC No.7023 of 2022 dt.21-06-2022

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 05.07.2022 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 Patna High Court CWJC No.7023 of 2022 dt.21-06-2022

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

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.7023 of 2022 dt.21-06-2022

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) Ashwini/Sujit AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2022 Transmission Date NA