Bindiya Devi @ Smt. Bindiya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8461 of 2021 ====================================================== 1.

Bindiya Devi @ Smt. Bindiya Kumari Wife of Rajesh Kumar Chaudhary Resident of village- Tulsi Bigha, Police station- Muffasil in the district of Gaya 2.

Vijay Kumar Singh Son of Late Ram Briksh singh Resident of MihallaLakhibag, Road No. 4, Gaya, Police station- Muffasil in the district of Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna 2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna 3.

The Divisional Commissioner, Magadh Division, Gaya 4.

The District Magistrate-cum-Collector, Gaya 5.

The District Panchayat Raj Officer, Gaya 6.

The District Certificate Officer , Gaya 7.

The Block Development Officer, Manpur in the district of Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG 13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-01-2022 Petitioner has prayed for the following relief(s):- "i. To quash the notice issued under Section 7 of Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter referred in short as the Act) under the signature of District Certificate Officer, Gaya in Certificate Case No.4 of 2020-21 by which the petitioners have been directed to file show

Patna High Court CWJC No.8461 of 2021(2) dt.03-01-2022 2/3 cause/reply as to why not certificate be issued for recovery of amount Rs.14,90,625/-.

ii. Also to quash Certificate Case No.4 of 2020-21 initiated against the petitioners for recovery of Rs.14,90,625/- sanctioned for installation commissioning of Solar Street Lighting System in Gram Panchayat, Sahaipur under Manpur Block in the district of Gaya.

iii. Also for any other relief/relief for which the petitioners are found to be entitled in the eye of law."

After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to pursue the certificate proceedings which are yet pending. Learned counsel for the petitioner states that the proceedings relate to the period 2017 and, as such, direction be issued to the authorities to consider and decide the same expeditiously.

Shri Sarvesh Kumar Singh, learned AAG 13, states that the parties shall make a request before the authorities for expeditious disposal of proceedings.

The present petition is, accordingly, disposed of as withdrawn with the liberty aforesaid.

Authorities are directed to positively conclude such proceedings, per law, within a period of six months from the

Patna High Court CWJC No.8461 of 2021(2) dt.03-01-2022 3/3 date of production of a copy of this order.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Sanjeev Prakash Sharma, J) K.C.Jha/- U