Dremz and Aspirations Partnership firm v. State of Bihar
2022-03-23
S.KUMAR, SANJAY KAROL
body2022
DigiLaw.ai
Sanjay Karol, CJ.—This matter has come under the heading “To Be Mentioned” at the instance of the learned counsel for the petitioner pointing out that the present petition stood disposed of on 10.03.2022 with certain directions. However, inadvertently, particulars of another file have been incorporated which needs to be modified. 2. Having gone through the record, the order dated 10.03.2022 is, accordingly, recalled and replaced with the following order:— “Petitioner has prayed for the following relief(s):— “(i) For quashing of the entire proceedings arising out of Certificate Case No. 03/2021- 22 including the Notice under Section 7 of the Public Demand and Recovery Act, 1914 dated 14.09.2021 whereby the petitioner has been asked to deposit a sum of Rs. 12,10,000/-; (ii) For Issuance of Writ in the nature of mandamus directing the respondent authorities specially Respondent No.4 to considered t6he Objection filed by the petitioner under section 9 of PDR Act and provide an opportunity of hearing to the petitioner before issuance of Distress Warrant against the petitioner and (iii) For Quashing of Memo bearing memo No. 30 Dated: 07.02.2022, issued by Respondent no. 4 Whereby and Where under Respondent No. 4 without providing and opportunity of hearing to the petitioner directed the petitioner to deposit the certificate amount and in case of failure directed to issue Body Warrant against the petitioner. (iv) For Restraining the Respondents from proceeding further in connection with Certificate Case No. 03.2021-22 during the pendency of the present writ petition.” 3. 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. 4. 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. 5. 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.
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 04.04.2022 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. (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. Let a copy of this order be kept both, on the digital as also the physical, files.