Dismissed

Gopal Kumar Mandal v. The State of Bihar

Patna HC21 Mar 2022CWJC/1818/2022

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition regarding a pending recovery proceeding. The court directed the appropriate authority to consider the petition within two months without taking coercive steps and to follow principles of natural justice.

What did the court decide?

The appropriate authority shall consider and dispose of the petition expeditiously within two months of appearance and no coercive steps be taken against the petitioner.

Gopal Kumar Mandal Vs The State of Bihar — Civil Procedure and Limitation | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1818 of 2022

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Gopal Kumar Mandal S/o Late Banarsi Mandal Resident of Baniya Tola, Hafiaganj, P.S. - Mufassil, District- Katihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Vikash Bhawan, New Secretariat, Patna.

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The Director, Mid Day Meal, Bihar Textbook Compound, Budh Marg, Patna.

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The District Magistrate, Katihar.

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The District Programme Officer, Mid Day Meal, Katihar.

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The Certificate Officer, Katihar.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Vijay Ananad, Advocate Mr.Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr.Jitendra Kumar Roy 1, Advocate Mr. Girijish Kumar, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 21-03-2022

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Heard learned counsel for the parties.

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Petitioner has prayed for following relief:-

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Patna High Court CWJC No.1818 of 2022 dt.21-03-2022 2/4

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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/petitioner intends to file before the appropriate authority.

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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 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.

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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) Petitioner shall appear in the office of the appropriate authority on 05.04. 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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Patna High Court CWJC No.1818 of 2022 dt.21-03-2022 3/4

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(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;

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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 petitioner 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 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;

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(h) Liberty reserved to the petitioner to challenge the order passed by the appropriate authority, before the appropriate

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Patna High Court CWJC No.1818 of 2022 dt.21-03-2022 4/4

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forum, if so required and desired.

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(i) We have not expressed any opinion on merits. All

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issues are left open;

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The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Sanjay/-Ranjan

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	23.03.2022
Transmission Date	NA

Gopal Kumar Mandal v. The State of Bihar

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Gopal Kumar Mandal v. The State of Bihar

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