Maheshwar Prasad Singh vs The State Of Bihar
2023 Latest Caselaw 42 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.24116 of 2019
     ======================================================

Maheshwar Prasad Singh Son of Late Ram Bilash Singh Resident of Village- Khesar P.O. Jogiyara, P.S. halley District Darbhagna.

... ... Petitioner/s Versus

1. The State of Bihar through Secretary, Food and Consumer Protection Deptt.

Govt. of Bihar, Patna

2. District Supply Officer, Darbhanga.

3. Sub-Divisional Officer Darbhanga Sadar, District Darbhanga.

4. Block Development Officer Cum Supply-Officer Jalley District Darbhanga.

5. Prakahand Supply Officer, Jalley P.S. Jalley District-Darbhanga.

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-01-2023

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

"A. To quash the notice dt.12.10.19, issued

by District Certificate Officer, Darbhanga in

Certificate Case no. 4/19-20, by which he

has issued notice to the petitioner for

payment of Rs.1,10,872.86 paise on the basis

of a letter no.120 dt 10.10.19 for realisation

of the aforesaid money against the petitioner

which is wholly wrong and illegal which is Patna High Court CWJC No.24116 of 2019 dt.02-01-2023

also barred by limitation and also to stay the

further proceeding of certificate case

no.4/19-20 till disposal of this application.

B. To pass any such other order or orders as this

Hon'ble court thinks fit and proper."

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.

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:-

Patna High Court CWJC No.24116 of 2019 dt.02-01-2023

(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

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 Patna High Court CWJC No.24116 of 2019 dt.02-01-2023

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.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Prakash/-

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