Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11979 of 2022 ====================================================== Manoj Kumar Singh son of Sheo Shankar Singh, resident of Village- Tari, Police Station - Raghunathpur, District - Siwan, at present residing at Flat No. 405 Arjun Enclave Ramjaipal Path, BR Ambedkar Dental College, Khagaul, Bailey Road, Police Station - Rupaspur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Siwan.

4.

The Deputy Development Commissioner, Siwan.

5.

The Superintendent of Police, Siwan.

6.

The District Certificate Officer, Siwan.

7.

The District Manager, Bihar State Food and Civil Supplies Corporation, Siwan.

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Respondent/s :

Mr. S. Raza Ahmad (AAG 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-08-2022 Petitioner has prayed for following relief:- "This is an application for issuance of an appropriate writ (s) / direction (s) for quashing the demand notice dated 23.03.2022 issued by the respondent no.6 under section 7 of the Bihar and Orissa Public Demands Recovery Act 1914 by which he has directed the petitioner to

2/4 deposit Rs.6,29,017.80 paise + interest + Talbana and also for commanding the respondents to stay the warrant of arrest if any, issued against the petitioner and also for grant of all other consequential reliefs/benefits for which the petitioner is found entitled to."

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

3/4 terms:- (a) Petitioner shall appear in the office of the appropriate authority on 15th of September, 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;

4/4 (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 terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/Kundan AFR/NAFR CAV DATE Uploading Date 26.08.2022 Transmission Date