G. R. INFRAPROJECTS LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing order dtd. 12/7/2017 (Annexure-5 to the writ petition) passed by the Certificate Officer (Mining), North Chotanagpur Circle, Hazaribagh (the respondent no. 4) in Certificate Case no. 11 of 2014-15, whereby the petitioner's objection filed under Sec. 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 (in short, "the Act, 1914") has been rejected summarily without recording any reason whatsoever merely on the basis of request made by the Assistant Mining Officer, Ramgarh (the respondent no. 3) and, thereafter, demand notice dtd. 16/9/2020 has been issued against the petitioner for recovery of the certificate amount of Rs.76,80,000.00 and interest of Rs.61,74,720.00 accrued on the said original amount (total Rs.1,38,54,820.00).

(2.) The main submission of learned counsel for the petitioner is that the respondent no. 4 while passing the impugned order dtd. 12/7/2017 has not assigned any reason. It has simply been observed in the said order that in the light of request made by the requisitioning officer, the objection filed by the petitioner against recovery of certificate amount is rejected and thereafter the office has been directed to issue demand letter for realisation of the said amount.

(3.) A counter affidavit has been filed on behalf of the respondent nos. 1 to 4 justifying the certificate amount for which the requisition of Rs.76,80,000.00 was filed by the District Mining Officer, Ramgarh (the respondent no. 2). Learned counsel for the respondents also raises an objection with regard to maintainability of the present writ petition on the ground that the petitioner has efficacious/statutory remedy of preferring appeal under Sec. 60 of the Act, 1914 against the impugned order dtd. 12/7/2017 passed by the respondent no. 4.