Harendra Kumar Singh vs The State Of Bihar
2023 Latest Caselaw 527 Patna

Citation : 2023 Latest Caselaw 527 Patna
Judgement Date : 31 January, 2023

Patna High Court

Harendra Kumar Singh vs The State Of Bihar on 31 January, 2023

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.18292 of 2022
     ======================================================

Harendra Kumar Singh S/o Jagarnath Singh, Resident of Village-Manguraha, P.S.-Taryani, District-Sheohar.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The District Magistrate, Sheohar.

3. The Sub Divisional Officer, Sheohar.

4. The Certificate Officer, Sheohar.

5. The Block Development Officer, Taryani, Dist. Sheohar.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. S. Raza Ahmad ( AAG 5 ) Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 31-01-2023

Heard learned counsel for the parties.

The petitioner has prayed for the following relief(s):-

"That the present writ application is being filed on behalf of the petitioner above named for setting aside the notice dated 25.10.2022 issued U/s 7 of Bihar & Orissa Public Demand Recovery Act 1914 hereinafter referred to as the P.D.R. Act issued by the Certificate Officer, Sheohar in the name of the petitioner informing that a huge amount were due against Certificate debtor viz. petitioner on account of dues of empty gunny bag supplied under Sampoorn Gramin Rojgar Yojna (SGRY) Scheme Patna High Court CWJC No.18292 of 2022 dt.31-01-2023

(SGRY) and National Food for work (NFFW) in the year 2001-2006 as below:-

SI.No. Certificate Case No. Name of Debtor Demand due in Rs.

1. 31/2022-23 Petitioner (SGRY) 92,158/-

2. 32/2022-23 Petitioner (NFFW) 42,900/-

A copy of Notice under 7 along with requisition for a certificate under SGRY and NFFW Scheme is annexed herewith and marked as Annexure 1 series."

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 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.

Patna High Court CWJC No.18292 of 2022 dt.31-01-2023

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 15.02.2023 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) 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 Patna High Court CWJC No.18292 of 2022 dt.31-01-2023

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.