SHAKAMBRI INDUSTRIES PRIVATE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present review application has been filed for review/recall of the judgment and order dated 14.03.2018 passed in W.P. (C) No. 1234 of 2017 by which the writ petition was disposed of as not maintainable at that stage, giving liberty to the petitioner to file an appeal in terms of section 60 of Bihar and Orissa Public Demand Recovery Act, 1914 (as adopted by the State of Jharkhand).

(2.) The fact of the case, in nutshell, is that the petitioner and Jharkhand State Food And Civil Supplies Corporation Limited, Sahibganj entered into an agreement for milling of paddy by lifting it from the LAMPS and production of custom milled rice. The petitioner lifted some quantity of rice from the LAMPS, Pakur and supplied the custom milled rice to the Food Corporation of India, Pakur however the same was rejected. Thereafter, the petitioner did not lift the paddy from LAMPS alleging the poor quality of the paddy. After the inquiry, The District Cooperative Officer, Pakur vide letter no. 381 dated 20.09.2016 requested the Joint Secretary, Food, Public Distribution and Consumer Department, Government of Jharkhand to permit Pakur LAMPS to sell the remaining paddy grains for the purpose of returning the fund to the State Government. The Secretary, Food, Public Distribution Department vide letter no. 4226 dated 20.10.2016 directed the Deputy Commissioner of all districts in the State of Jharkhand including Pakur district to take all steps for realization of the amount given to LAMPS for purchase of paddy grains. Thus, so far as Pakur district is concerned, a certificate proceeding vide Certificate Case No. 46 of 2016-17 was initiated and the order of realization of an amount of Rs. 47,13,630.00 was passed against both the LAMPS, Pakur and the present petitioner.

(3.) A writ petition being W.P.(C) no. 1234 of 2017 was filed by the present petitioner challenging the initiation of certificate proceeding. During the pendency of the writ petition, the order dated 01.08.2017 was passed by the Additional Collector cum Certificate Officer, Pakur (respondent no. 3) in Certificate Case no. 46 of 2016-17 which was also subsequently challenged by filing I.A No. 6592 of 2017.