Rakesh Kumar Singh @ Rakesh Singh @ ... vs The State Of Bihar
2023 Latest Caselaw 45 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.23058 of 2019
     ======================================================

Rakesh Kumar Singh @ Rakesh Singh @ Rakesh Kumar Son of Sri Ramesh Singh Resident of Village- Jorar, P.O.- Badaura, P.S.- Ramgarh, District-

     Kaimur.                                                  ... ... Petitioner/s
                                         Versus

1. The State of Bihar through the Principal Secretary, Department of Mines and Minerals, Bihar, Patna.

2. The Collector, Kaimur, Bhabua.

3. The Certificate Officer-cum-Sub-Divisional Officer, Mohania.

4. The Assistant Mining Officer, Kaimur, Bhabhua.

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

For the Petitioner/s : Mr. Arun Kumar Singh, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha, GA7 ====================================================== 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):-

"That the petitioner craves indulgence of this

Hon'ble Court for issuance of an appropriate Writ in the

nature of Certiorari for quashing the Order dated

1.3.2018/18.4.2018/19.4.2018, whereby and

whereunder learned Certificate Officer, Mohania,

Kaimur Bhabhua has been pleased to order for issuance

of warrant for realization of amount from the petitioner

on the basis of Requisition No.6/2006-07 as contained

in Annexure-1 to this petition and further for issuance

of a Writ/Writs, Order/Orders, Command/Commands

directing the respondents not to take coercive major Patna High Court CWJC No.23058 of 2019 dt.02-01-2023

against the petitioner till the disposal of Certificate

Case No.190/2017- 18, pending before the Certificate

Officer-Cum- S.D.O., Mohania, Kaimur, Bhabhua

(Respondent No.3)."

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:-

(a) Petitioner shall appear in the office of the Patna High Court CWJC No.23058 of 2019 dt.02-01-2023

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

recourse to such remedies, as are otherwise available in law, Patna High Court CWJC No.23058 of 2019 dt.02-01-2023

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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