Lalita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18833 of 2019 ====================================================== Lalita Kumari Wife of Lal Bahadur Singh Resident of Village and P.O.- Nawada Ward No. 15 P.S.- Choutham, District- Khagaria, Permanent Address- Lalita Kumari, Daughter of Sri Om Prakash Singh Wife of Sri Lal Bahadur Singh, resident of Chaidha, P.O.- Babu Bagicha, P.S. Gogri, BlockGogri, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Bihar, Patna.

2.

The Collector, Khagaria.

3.

The District Certificate Officer, Khagaria.

4.

The District Education Officer, Khagaria.

5.

The District Programme Officer cum Primary Education and Sarva Shiksha Abhiyan, Khagaria.

6.

The Block Education Officer, Beldour, Khagaria. 7.

The Mukhiya, Gram Panchayat Raj Bela Naubad, Beldour, Khagaria. 8.

The Headmaster, Primary School Shobha Pahalwan Basa, Beldour, Khagaria.

9.

The Secretary, Vidyalaya Shiksha Samiti, Primary School Shobha Pahalwan Basa, Beldour, Khagaria.

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate Mr. Umesh Prasad, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey, AAG-15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-12-2022 Petitioner has prayed for the following relief(s):- "(i) For that the notice dated 1/11/2018 (Annexure 5 and 5/1) under Section 7 of Bihar and Orissa Act No. 4, 1914 issued by the District Certificate Officer, Khagaria against the

2/4 petitioner for recovery of Rs. 1564650/- may be quashed in connection with Certificate Case No. 28/2018-19.

(ii) For that action taken against the petitioner by learned District Certificate Officer through notice dated 1/11/2018 (Annexure 5 and 5/1) in connection with Certificate Case No. 28/201819 may be stayed during pendency of the present Writ petition before this Hon'ble Court. (iii) For that any other relief/reliefs may also be provided to the petitioner if she deserves the same."

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

3/4 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 22.12.2022 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

4/4 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 terms.

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

(Sanjay Karol, CJ) (Partha Sarthy, J) avinash/K.C.Jha AFR/NAFR CAV DATE Uploading Date 09.12.2022 Transmission Date