Maheshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24116 of 2019 ====================================================== Maheshwar Prasad Singh Son of Late Ram Bilash Singh Resident of VillageKhesar P.O. Jogiyara, P.S. halley District Darbhagna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection Deptt. Govt. of Bihar, Patna 2.

District Supply Officer, Darbhanga.

3.

Sub-Divisional Officer Darbhanga Sadar, District Darbhanga. 4.

Block Development Officer Cum Supply-Officer Jalley District Darbhanga. 5.

Prakahand Supply Officer, Jalley P.S. Jalley District-Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. S. Raza Ahmad, AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-01-2023 Petitioner has prayed for the following relief(s):- "A. To quash the notice dt.12.10.19, issued by District Certificate Officer, Darbhanga in Certificate Case no. 4/19-20, by which he has issued notice to the petitioner for payment of Rs.1,10,872.86 paise on the basis of a letter no.120 dt 10.10.19 for realisation of the aforesaid money against the petitioner which is wholly wrong and illegal which is

2/4 also barred by limitation and also to stay the further proceeding of certificate case no.4/19-20 till disposal of this application. B. To pass any such other order or orders as this Hon'ble court thinks fit and proper."

It is not in dispute that petition under Section 9/60 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 9/60 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 16th of January, 2023 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 9/60 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

4/4 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) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date