Umesh Prasad vs State Of Bihar

Heard learned counsel for the parties.

Petitioners have prayed for following reliefs:-

“ (i) To issue an appropriate writ CERTIORARI in nature setting aside the requisition dt. 24th August, 2007 its consequences registering of

Certificate Case No. 2/07-08, and Certificate Case No. 3/07-08 registered against petitioners as they have not taken even a single penny as loan from

bank, along with their notices issued by respondents notice directing the petitioners to repay the certificate amount.

(ii) To issue an appropriate writ/orders/Direction in the nature of mandamus commanding and directing the respondents authorities to withdraw the

certificate case as filed against the petitioners. â€​

It is not in dispute that petition under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as “the Actâ€)

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 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.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:-

(a) Petitioners shall appear in the office of the appropriate authority on 07.02.2022 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 petitioners 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 then no coercive steps be taken against the petitioners;

(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 petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioners 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 petitioners 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.