Akshaya Kumar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1110 of 2020 ====================================================== Akshaya Kumar Singh, Son of Late Harinandan Singh, resident of VillageDevapur, P.S. Barouli, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Bihar, Patna.

2.

The Principal Secretary, Department of Social Welfare, Bihar, Patna. 3.

The Director, Department of Social Welfare, Bihar, Patna. 4.

The District Magistrate-cum-Certificate Officer, Siwan, Collectorate, Siwan. 5.

The District Programme Officer, Siwan.

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

For the Petitioner/s :

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

Mr.Prashant Pratap (GP-2) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Petitioner has preferred an application under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914. We are of the considered view that the appropriate

Patna High Court CWJC No.1110 of 2020 dt.06-09-2022 2/3 authority must decide the same, in accordance with law, rather than remitting the matter to the authority below. In this view of the matter, the petition is disposed of in the following terms:- (a) Petitioner shall appear in the office of the appropriate authority on 26th 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;

Patna High Court CWJC No.1110 of 2020 dt.06-09-2022 3/3 (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 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. (Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date