Sanjay Singh vs State Of Bihar

In view of the order dated 02.01.2023 passed in MJC No. 2537 of 2022 titled as Sanjay Singh Vs. The State of Bihar & Ors, present petition is notified today.

Petitioner has prayed for the following relief(s):-

(i) For issuance of appropriate writ/writs, rule or direction especially in the nature of certiorari to quash the Memo no. 2689 dated 16 Oct. 2021 passed by the Nilampatra Officer-cum-Additional Collector whereby and whereunder given direction to issue D/w warrant against the petitioner if not pay rest amount after paying 5 Lakhs dated 19.04.2017 out of 20,31,360,........

(ii) For issuance of appropriate order/orders, direction/directions to the respondent concerned to not taken rest amount of after paying 5 Lakhs dated 19.04.2017 out of 20,31,360,... which is not fault by the petitioner with accordance of law.

(iii) For issuance of direction/directions to the respondents concern to taken action against the Government person who submitted firstly the nature of petitioner' Land is residential and after 4-5 months submitted the nature of petitioner Land is agriculture.

(iv) For issuance direction/directions of order/ the orders, respondent concern that during the pendency of writ application stay the operation of proceeding of Memo no. 2689 dated 16 Oct., 2021 passed by the Nilampatra Officer-cum- Additional Collector, Araria.

(v) For issuance of appropriate rule or direction as this Hon'ble Court may found fit and proper to the facts and circumstances of the case as well as for which the petitioner may be found entitled there to.

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:-

(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 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.