IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11484 of 2022

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Amarnath Pandey Son of Late Baliram Pandey, R/o Village Harnathpur, P.S.

Raghunathpur, Dist - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer

Protection Department, Govt. of Bihar, Patna.

2.

Principal Secretary, Food and Consumer Protection Department, Govt. of

Bihar, Patna.

3.

The Bihar State Food and Civil Supply Corporation through its Managing

Director, Bihar, Patna.

4.

The Managing Director, Bihar State Food and Civil Supply Corporation

Bihar, Patna.

5.

The District Magistrate, Siwan.

6.

The District Manager, Bihar State Food and Civil Supply Corporation,

Siwan.

7.

The Certificate Officer, Siwan.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Brij Bihari Tiwary, Advocate

For the Respondent/s

:

Mr.S. Raza Ahmad (AAG5)

Mr. Shailendra Kumar Singh, 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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(The proceedings of the Court are being conducted by

Hon’ble the Chief Justice/ Hon’ble Judges through

Video

Conferencing

from

their

residential

o昀케ces/residences. Also, the Advocates and the Sta昀昀s

joined the proceedings through Video Conferencing

from their residences/o昀케ces.)

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Date : 12-08-2022

Heard learned counsel for the parties.

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

Patna High Court CWJC No.11484 of 2022 dt.12-08-2022

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(I) In the nature of Certiorari for setting aside the

entire certificatge proceding bearing certificate

case no. 14/2014-15- is pending before the

certificate officer, siwan whereby and where under

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

Patna High Court CWJC No.11484 of 2022 dt.12-08-2022

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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 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 12^th 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

Patna High Court CWJC No.11484 of 2022 dt.12-08-2022

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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 th