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A directive should be issued to the authorities to evaluate and settle recovery of the sanctioned amount: Patna High Court

A directive should be issued to the authorities to evaluate and settle recovery of the sanctioned amount for installation and commissioning of Solar Street Lighting System in Gram Panchayat and authorities are directed to complete such processes as per needs of service of notice and copy of certificate on certificate debator, in Certificate Case No. 6 is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA in the case of Naseema Khatoon Vs. State Of Bihar (Civil Writ Jurisdiction Case No.8587 of 2021)

Brief facts of the case are that the petitioner prayed to quash the Notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914, i.e., Service of notice and copy of certificate on certificate debator, in Certificate Case No. 6 of 2020-21 by the District Certificate Officer, Gaya, directing the petitioners to file a Show Cause/Response as to why a Certificate should not be issued for the recovery of the sum of Rs. 11,17,968/-. In addition, to quash Certificate Case No. 6 of 2020-21 filed against the petitioners for the recovery of Rs. 11,17,968/- sanctioned for the installation and commissioning of Solar Street Lighting System in Gram Panchayat, Nauranga, Manpur Block, Gaya. Including any other remedies that the petitioners are determined to be entitled to in the eyes of the law.

The petitioner’s learned counsel requests permission to withdraw the current petition while retaining the right to pursue the certificate processes that are still pending. The petitioner’s learned counsel claims that the proceedings concern the year 2020, and that as a result, a directive should be issued to the authorities to evaluate and settle the matter as soon as possible. According to Shri Sarvesh Kumar Singh, learned AAG 13, the parties must submit a plea to the authorities for a speedy resolution of the proceedings.

Authorities are directed to complete such processes within six months of the date of production of a copy of this order, as required by law. Further, when considering such a request, natural justice principles must be observed and due process must be followed and the parties must be given the opportunity to be heard. If the petitioner is aggrieved by the said order, he or she shall have the right to file a fresh petition with this Court if so required and preferred, and the present petition is consequently withdrawn with the liberty/direction aforesaid, and any interlocutory application shall be dismissed.

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Judgement reviewed by – Pooja Lakshmi

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