MANOJ KUMAR CHAWDA Vs. TAHASILDAR

JUDGEMENT

(1.) The Writ Petition has been preferred to quash the notice dated 31. 10.2015 (Annexure-6) and Order dtd. 31/10/2015 (Annexure-7), with a further prayer to direct the Opposite Party No.2 to dispose of the Certificate Case No.25/2008-09 in accordance with law by affording opportunity of hearing to the Petitioner .

(2.) Learned Counsel for the Petitioner submits, admittedly, the certificate proceeding was initiated against his client based on the Order passed by the Tahasildar, Keonjhar dtd. 12/8/2005, as at Annexure-2, in Encroachment Case No.437/05-06.

(3.) Learned Counsel for the Petitioner further submits, pursuant to notice in Form No.3 dated nil along with Form No.1, as at Annexure-4, certificate proceeding was initiated to recover an amount of Rs.3431.30 i.e. Rs.2523.00 towards Back Rent/Penalty and Rs.908.30 towards interest. Pursuant to the said notice, though his client appeared and filed Petition denying liability in terms of Sec. 8 of the Odisha Public Demands Recovery Act, 1962 (for short 'OPDR Act, 1962'), without giving him opportunity of hearing in terms of Sec. 9 of the OPDR Act, 1962, the impugned Order was passed by the Certificate Officer and vide notice dtd. 25/8/2009 (Annexure-6), the Petitioner was directed to deposit Rs.6932.60, which includes Rs.3431.30 towards principal and equal amount towards alleged interest. That apart, cost of certificate was indicated as Rs.50.00 and Court fee to the tune of Rs.20.00, as detailed in the said notice.