Katyayni Contractor Private ... vs The State Of Bihar
2023 Latest Caselaw 479 Patna

Citation : 2023 Latest Caselaw 479 Patna
Judgement Date : 30 January, 2023

Patna High Court

Katyayni Contractor Private ... vs The State Of Bihar on 30 January, 2023

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17753 of 2022
     ======================================================

Katyayni Contractor Private Limited having its office at Pareo, Bihta, P.S.- Bihata, District- Patna, through its Director Randhir Kumar, aged about 35 years, (Male), Son of Suraj Prasad Verma, Resident of Village- Pareo, Bihta, P.S.-Bihta, District- Patna.

... ... Petitioner/s Versus

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

2. The Principal Secretary, cum-Mines Commissioner, Mines and Geology, Bihar, Patna.

3. The Collector, Sheikhpura.

4. The Mineral Officer, Mines and Geology, Sheikhpura.

5. The Certificate Officer, Sheikhpura.

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

For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the Respondent/s : Mr.Gyan Prakash Ojha ( GA 7 ) Ms. Sanghmitra Ghosh, AC to GA-7 Mr. Naresh Dikshit, Spl. P. P. Mines ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-01-2023

Heard learned counsel for the parties.

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

"for issuance of appropriate

writ(s)/order(s)/direction(s) for quashing the order certificate

proceeding initiate against the petitioner in Certificate Case

No.386/22-23 as contained in notice dated 13.10.2022 under Patna High Court CWJC No.17753 of 2022 dt.30-01-2023

section 7 of the Bihar & Odhisa Public Demand and Recovery

Act issued by district certificate officer, Sheikhpura by which a

demand of Rs.68,28,000/- has been made and the petitioner has

been directed to deposit the same within a period of 30 days and

further for any other reliefs for which the petitioner may found

entitled 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.

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. Patna High Court CWJC No.17753 of 2022 dt.30-01-2023

As such, petition stands disposed of in the following

terms:-

(a) Petitioner shall appear in the office of the

appropriate authority on 13.02.2023 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;

amount in question falls within the definition of public demand

or not;

(d) The authority shall also examine all issues

including question of fact and law;

(e) Needless to add, while considering such petition,

principles of natural justice shall be followed and due

opportunity of hearing as also leading evidences has to be

afforded to the parties;

(f) Order assigning reasons shall be supplied to the Patna High Court CWJC No.17753 of 2022 dt.30-01-2023

parties;

(g) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(h) 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;

(i) Liberty reserved to the petitioner to challenge the

order passed by the appropriate authority, before the appropriate

forum, if so required and desired.