Srimati Shashi Mishra vs The State Of Bihar
2023 Latest Caselaw 528 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.18171 of 2022

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Srimati Shashi Mishra Wife of Ramesh Chandra Mishra Resident of Village- Niranjanpur, P.O.-Sikariya, Karpurwa, P.S.-Darigaon, Block, Sasaram, District-Rohtas at Sasaram, Pin Code-821115 (Bihar).

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Excise and Registration Department, Government of Bihar, Patna.

2. The Excise Commissioner-Cum-Inspector General of Registration, Excise and Registration Department, Government of Bihar, Patna.

3. The Collector, Rohtas, District-Rohtas at Sasaram.

4. The District Panchayat Raj Officer-Cum-District Certificate Officer, Rohtas, District-Rohtas at Sasaram.

5. The Assistant Commissioner, Excise, Rohtas, District-Rohtas at Sasaram.

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

For the Petitioner/s : Mr. Uday Kumar, Advocate

For the Respondent/s : Mr. Vikash Kumar ( SC 11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 31-01-2023

Petitioner has prayed for the following relief(s):

"(i) For issuance an appropriate writ / order / direction for setting aside the Certificate Case No.06 of 2016-17 issued by the District Certificate Officer, Rohtas at Sasaram which has been initiated against the Petitioner to deposit Rs.9,14,467/- within 30 days from 08.06.2022 whereas as per Para 14 of Patna High Court CWJC No.18171 of 2022 dt.31-01-2023

the Utpad Prapatra- 127 for the Financial Year 2015- 16 it is clearly stated that the if Settlee has to deposit the 1/12th of the Yearly Licence Fee through Bank Guarantee in the Treasury and on default of payment of Licence Fee the Licence will be deemed to be cancelled, on the basis of certificate and requisition which forms of Section 7 of the Notice which is contrary to the statutory Rules of Public Demand Recovery Act, 1914 (hereinafter referred as "the PDR Act") as it is blank, without any adjudication is evident from the certificate of the Notice and thus amount to defective Notice and defective initiation of the Certificate Case.

(ii) For further issuance of any appropriate writ / order / direction for setting aside the Certificate Case No. 06 of 2016-17 which has been initiated against the Petitioner under Section 7 of the PDR Act by which it is asked to pay amount when there is no any outstanding dues remaining which is in violation of the fundamental right of the petitioner.

(iii) To any other relief or reliefs for which the petitioner is 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 Patna High Court CWJC No.18171 of 2022 dt.31-01-2023

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.

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 17.02.2023 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 Patna High Court CWJC No.18171 of 2022 dt.31-01-2023

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, 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 Patna High Court CWJC No.18171 of 2022 dt.31-01-2023

terms.

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Saurabh/K.C.Jha AFR/NAFR CAV DATE Uploading Date 01.02.2023 Transmission Date