Sanjay Singh vs The State Of Bihar
2023 Latest Caselaw 11 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1067 of 2022
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Sanjay Singh Son of Bishwanath Singh, Resident of Village Fulkaha Nawabganj, P.S.- Fulkaha, Circle - Narpatganj, District - Araria.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Land Reform Department, Govt. of Bihar, Patna.

3. The Nilampatra Officer-cum-Additional Collector, Araria.

4. The District Magistrate, Araria, District - Araria.

5. The Land Acquisition Officer, Araria, District- Araria.

6. The Circle Officer, Narpatganj, District- Araria.

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

For the Petitioner/s : Mr. Jitendra Kumar, Advocate

For the Respondent/s : Mr. Md. Khurshid Alam, AAG12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-01-2023

In view of the order dated 02.01.2023 passed in

MJC No. 2537 of 2022 titled as Sanjay Singh Vs. The State of

Bihar & Ors, present petition is notified today.

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

(i) For issuance of appropriate writ/writs, rule or direction especially in the nature of certiorari to quash the Memo no. 2689 dated 16 Oct. 2021 passed by the Nilampatra Officer-cum-Additional Collector whereby and whereunder given direction to issue Patna High Court CWJC No.1067 of 2022 dt.02-01-2023

D/w warrant against the petitioner if not pay rest amount after paying 5 Lakhs dated 19.04.2017 out of 20,31,360,........

(ii) For issuance of appropriate order/orders, direction/directions to the respondent concerned to not taken rest amount of after paying 5 Lakhs dated 19.04.2017 out of 20,31,360,... which is not fault by the petitioner with accordance of law.

(iii) For issuance of direction/directions to the respondents concern to taken action against the Government person who submitted firstly the nature of petitioner' Land is residential and after 4-5 months submitted the nature of petitioner Land is agriculture.

(iv) For issuance direction/directions of order/ the orders, respondent concern that during the pendency of writ application stay the operation of proceeding of Memo no. 2689 dated 16 Oct., 2021 passed by the Nilampatra Officer-cum- Additional Collector, Araria.

(v) For issuance of appropriate rule or direction as this Hon'ble Court may found fit and proper to the facts and circumstances of the case as well as for which the petitioner may be found entitled there to.

It is not in dispute that petition under Section 9/60 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.

Patna High Court CWJC No.1067 of 2022 dt.02-01-2023

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 9/60 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 16th of January, 2023 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 9/60 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.1067 of 2022 dt.02-01-2023

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.1067 of 2022 dt.02-01-2023

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Prakash/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date