Shivnath Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9454 of 2022 ====================================================== 1.
Shivnath Pandey, Son of Late Dev Saran Pandey, Resident of VillageBhatkan Khem, Panchayat- Narendra Pur, Block- Jiradei, P.S.- Aandar, DistSiwan. 2.
Nand Kishore Yadav, Son of Late Kashi Chaudhary, Resident of VillageBanthu Salauna, Panchayat- Kiiaa Bhatkan, Block- Jiradei, P.S.- Aandar, Dist- Siwan.
3.
Harendra Manjhi, Son of Late Khekhar Manjhi, Resident of Village- Surbal, Block- Jiradei, P.S.- Jiradei, Dist- Siwan.
4.
Surendra Manjhi, Son of Late Chandradev Paswan, Resident of VillageChotka Manjha, Panchayat- Chotka Manjha, Block- Jiradei, P.S.- Jiradei, Dist- Siwan.
5.
Hareram Mishra, Son of Late Baidhnath Mishra, Resident of Village- Khargi Rampur, Panchayat- Jamapur, Block- Jiradei, Dist- Siwan. 6.
Ramnath Singh, Son of Late Ramchiz Singh, Resident of Village- Bhikhpur, P.O.- Bhikhpur, Block- Jiradei, P.S.- Aandar, Dist- Siwan. 7.
Rajesh Kumar, Son of Late Bibhuti Prasad, Resident of Village- Dhepha, Panchayat- Dhepha, Block- Jiradei, P.S.- Jiradei, Dist- Siwan. 8.
Suman Kumar Sinha, Son of Late Bishwanath Prasad, Resident of VillageAkolhi, Panchayat- Akolhi, Block- Jiradei, Dist- Siwan. 9.
Akshaywar Kumar Das, Son of Late Raghuwar Das, Resident of VillageMarthuaa, Panchayat- Chandpali, Block- Jiradei, P.S.- Jiradei, Dist- Siwan. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna.
3.
The Commissioner Saran Division, Chhapra.
4.
The District Magistrate Siwan.
5.
The Deputy Development Commissioner, Siwan.
6.
The Certificate Officer-cum- the District Supply Officer, Siwan. 7.
The Block Development Officer, Jiradei, Siwan. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishnu Kant Dubey, Advocate For the Respondent/s :
Mr.Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
2/5 (Per: HONOURABLE THE CHIEF JUSTICE) 04-08-2022 Petitioners have prayed for the following relief/s :-
3/5 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 filed/ 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:- (a) Petitioners shall appear in the office of the appropriate authority on 18th of August, 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
4/5 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) 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 parties;
(g) Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law;
(h) We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law,
5/5 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (i) Liberty reserved to the petitioners to challenge the order passed by the appropriate authority, before the appropriate forum, if so required and desired.
(j) 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) Ashwini/Sujit U