Amir Chand Ram (Block Agicultural Officer) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2545 of 2022 ====================================================== Amir Chand Ram (Block Agricultural Officer) S/o Suba Ray R/o Bankat PO Bankat Dist.-Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Agriculture Production Deparment, Patna, Bihar.

2.

The Director, Agriculture, Patna, Bihar.

3.

Managing Director, Food Corporation, Patna, Bihar. 4.

The District Magistrate, Buxar.

5.

The Additional Collector Cum Certificate Officer, Buxar. 6.

District Manager, BSFC, Buxar.

7.

Pradeep Kumar Kesari S/o Shri Rajendra Kumar Kesarai, R/o VillageAhirauli Road, Buxar, PO Ahirauli PS Buxar District Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Nath Sinha, Advocate For the Respondent/s :

Mr.Anant Pd. Singh (SC15) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-07-2022 Petitioner has prayed for the following relief(s): "I. For quashing the entire certificate proceeding as well as notice under section 7 issued by additional collector cum certificate officer vide case no. 5/17.

II. For direction to respondents for the guilt of respondent no 5 wrong proceeding cannot be initiated against the petitioner.

III. For direction to respondent no. 3 to check the register and examine the torn SIO

2/4 slip as well as find out real culprit who has lifted remaining paddy and himself sold as lowest bid price to his close millers.

IV. To what other relief or reliefs the petitioner is entitled to may kindly be given." It is not in dispute that petition under Section 9 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 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:-

3/4 (a) Petitioner shall appear in the office of the appropriate authority on 10.08.2022 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 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,

4/4 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) ( S. Kumar, J) K.C.Jha/DKS U