Unban the Neera and employ through Jeevika if no fermentation found in Toddy: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2322 Nathuni Mahto Son of Bhikhar Mahto Resident of Village Sheohar Ward No.14 P.S. Sheohar District Sheohar Working as State Chairman New Akhil Bhartiya Pasi Samaj Bihar Pradesh Patna ... Petitioner s The State of Bihar through the Chief Secretary Government of Bihar Patna The Principal Secretary Department of Industries Government of Bihar The Principal Secretary Department of Registration Excise and Prohibition Government of Bihar Patna The Excise Commissioner Bihar Patna The Collector Sheohar The Superintendent of Excise Sheohar ... Respondent s Mr.Devendra Kumar Advocate Mr.Lalit KishoreDate : 13 01 2022 Heard learned counsel for the parties Petitioner has prayed for the following relief(s): Patna High Court CWJC No.2322 dt.13 01 2022 After the matter was heard for some time learned counsel for the petitioner under instructions states that petitioner shall be content if a direction is issued to the authority concerned no.4 the Excise Commissioner Bihar Patna or any of the statutory authority to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s). Patna High Court CWJC No.2322 dt.13 01 2022 Learned counsel for the respondents states that if such a representation is filed by the petitioner the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order. Statement accepted and taken on record. As such petition stands disposed of in the following terms: a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s) b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order c) Needless to add while considering such representation principles of natural justice shall be followed and due opportunity of hearing afforded to the d) Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise Patna High Court CWJC No.2322 dt.13 01 2022 available in accordance with law e) 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 Liberty reserved to the petitioner to approach the Court if the need so arises subsequently on the same and subsequent cause of action g) Liberty also reserved to the petitioner to make a mention for listing of the petition on priority basis. As and when any such mention is made Registry shall take steps for listing the petition at the earliest. h) We have not expressed any opinion on merits All issues are left open i) The proceedings during the time of current Pandemic Covid 19 shall be conducted through digital mode unless the parties otherwise mutually agree to meet in person i.e. physical mode The petition stands disposed of in the aforesaid Patna High Court CWJC No.2322 dt.13 01 2022 Interlocutory Application(s) if any stands disposed of. Sanjay Karol CJ) ( S. Kumar J

Summary: If no fermentation is found, the toddy is not harmful to anyone and is good for their health thus State Government to unban the Neera (unfermented juice of Palms) and fulfil their pledges to employ through Jeevika by training and sanctioning loan to facilitate many products made of Neera is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Nathuni Mahto Vs. The State of Bihar (Civil Writ Jurisdiction Case No.238 of 2022) Brief facts of the case are that petitioner has requested the issuance of a writ in the nature of mandamus directing and commanding the Respondent State Government to unban the Neera (unfermented juice of Palms) coming into force on March 18, 2017 Rules, 2017 as the Respondent Authorities have failed to fulfil their pledges to employ through Jeevika by training and sanctioning loan to facilitate many products made of Neera (unfermented juice of Palms) for the person who is already employed, i.e., engaged in tapping Neera traditionaly. The petitioner has urged that the State Government issue further instructions to the State Government to test the fermentation in toddy tapped from a Date tree in a government laboratory within 6 hours, and if no fermentation is found, the toddy is not harmful to anyone and is good for their health and direction to respondent authorities to dispose representation of petitioner with reasoned speaking order. learned counsel for the petitioner states that the petitioner would be satisfied if a direction is issued to the authority concerned (respondent) the Excise Commissioner, Bihar, Patna, or any other statutory authority, to consider and decide the representation that the petitioner will be filing for redress of the grievance within a period of four weeks from today. According to learned counsel for the respondents, if the petitioner files such a representation, the authority concerned must consider and dispose of it promptly, ideally within four months of its filing, along with a copy of this order. The petition was dismissed and since the court did not reach a decision on the merits, all issues are unresolved. When a petitioner seeks such remedies as are ordinarily available in law before the appropriate venue, the matter will be handled in conformity with the law and in a timely manner. The authority concerned shall consider and dispose of it expeditiously by a reasoned and speaking order, preferably within four months of the date of its filing, along with a copy of this order, and while considering such representation, natural justice principles shall be followed and the parties shall be afforded due opportunity of hearing. Click here to read the judgment