Disposed

Raj Kumar Mishra v. The State of Bihar

Patna HC3 Feb 2022CWJC/15634/2021

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition seeking recovery under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914. The court directed the appropriate authority to consider the petition within two months, examine if the amount constitutes a public demand, and provide a reasoned order while taking no coercive steps against petitioners during this period.

What did the court decide?

Direction to the authority to decide the petition under Section 9 of the Act within two months without taking coercive steps against petitioners; liberty to challenge the order later.

Raj Kumar Mishra Vs The State of Bihar — Writ and Judicial Review | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15634 of 2021

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Raj Kumar Mishra S/o Late Satya Narayan Mishra, Proprietor of M/S Kamal Nayan Electronics, Hospital Road, Simri, R/o Vill-Keshopur, P.S.Simri, Dist.-Buxar.

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Urmila Devi, W/o Kamlesh Prasad Bari, then she was Mukhiya of Gram Panchayat Kathar, R/o Vill Kathar, P.S.-Simri, Dist.-Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Dept. of Rural Development, Govt. of Bihar, Old Secretariat, Patna.

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The Principal Secretary, Rural Development Dept. Govt. of Bihar, Old Secretariat, Patna.

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The District Magistrate, Buxar.

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The Additional Collector-cum-Certificate Officer, Buxar.

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The Block Development Officer, Simri, Dist-Buxar.

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S.H.O. Simri Police Station, Buxar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dr. Kamal Deo Sharma, Advocate For the Respondent/s : Mr.Lalit Kishore (AG)

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted by Hon’ble the Chief Justice/ Hon’ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.)

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Date : 03-02-2022

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Heard learned counsel for the parties.

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Petitioners have prayed for the following relief(s).

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Patna High Court CWJC No.15634 of 2021 dt.03-02-2022 2/5

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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/petitioners intend to file before the appropriate authority.

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Patna High Court CWJC No.15634 of 2021 dt.03-02-2022 3/5

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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.

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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 petitioners before him along with a copy of this order and the issue of limitation shall not come in the way of decision on merits.

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Statement accepted and taken on record.

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As such, petition stands disposed of in the following

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terms:-

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(a) Petitioners shall appear in the office of the appropriate authority on 24^th of February, 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.

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(b) The appropriate authority shall consider and dispose of the petitioners’s petition expeditiously, by a reasoned and speaking order, preferably within a period of two months from the date of appearance of the petitioners before him and till

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Patna High Court CWJC No.15634 of 2021 dt.03-02-2022 4/5

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then no coercive steps be taken against the petitioners;

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(c) The authority shall also examine as to whether the amount in question falls within the definition of public demand or not;

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(d) Needless to add, while considering such petition, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties;

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(e) Order assigning reasons shall be supplied to the

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parties;

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(f) Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law;

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(g) We are hopeful that as and when petitioners take 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;

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(h) Liberty reserved to the petitioners to challenge the order passed by the appropriate authority, before the appropriate forum, if so required and desired.

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(i) We have not expressed any opinion on merits. All issues are left open;

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The petition stands disposed of in the aforesaid terms.

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Patna High Court CWJC No.15634 of 2021 dt.03-02-2022 5/5

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Interlocutory Application(s), if any, stands disposed

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Rajiv/veena-

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Raj Kumar Mishra v. The State of Bihar

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Raj Kumar Mishra v. The State of Bihar

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