Devendra Prasad Verma vs The State Of Bihar
2023 Latest Caselaw 43 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.23275 of 2019
     ======================================================

Devendra Prasad Verma Son of Yogendra Prasad Verma Resident of Village- Majirabad, Subhai, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Departments, Bihar, Patna.

2. The Director of Panchayati Raj Department, Bihar.

3. The District Panchayati Raj Officer, Vaishali at Hajipur.

4. The District Magistrate, Vaishali at Hajipur.

5. The Certificate Officer-cum-Additional Collector, District- Vaishali.

6. The Deputy Development Commissioner-cum-Chief Executive Officer, District- Vaishali.

7. The Sub-Divisional Officer, Hajipur, Vaishali.

8. The Deputy Collector, Land Reforms Hajipur, Vaishali.

9. The Block Development Officer-cum-Executive Officer, Panchayati Samiti Prakhand, Hajipur, Vaishali.

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

For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate For the Respondent/s : Mr. Satya Vrat, AC to GP10 ====================================================== 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):-

"(i) For directing and commanding the respondents

to quash the Certificate Case No.77/2014-15

instituted against her as well as the notice

(Annexure -4) issued against her U/S 7 of the

Public Demand and Recovery Act by respondent Patna High Court CWJC No.23275 of 2019 dt.02-01-2023

No. 5 the Certificate Officer.

(ii) Pass such other or further order(s) direction(s)

as the Hon'ble Court may deem fit and proper in

facts and circumstances of the case and to meet

the ends of Justice."

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 Patna High Court CWJC No.23275 of 2019 dt.02-01-2023

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

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;

Patna High Court CWJC No.23275 of 2019 dt.02-01-2023

(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.

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

(Sanjay Karol, CJ)

( Partha Sarthy, J) Prakash/-

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