SHAKAMBRI INDUSTRIES PRIVATE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The writ petitioner/appellant herein and one Pakur Large Area Multi Purpose Society (Lamps), Pakur both were facing the proceedings under the Public Demand Recovery Act, 1914 under Certificate Case No. 46/2016-2017 before the Additional Collector-cum- Certificate Officer for recovery of certificate amounts as cost of Paddy, weighing 3346 quintals lying with the Pakur Lamps. Pakur Lamps, approached this Court in WPC No. 5773 of 2016 challenging the letter no. 353 dated 24.08.2016 issued by District Cooperative Officer, Pakur (resolution no. 1 dated 01. 08. 2016) whereunder it was directed to deposit a sum of Rs. 47,17,460/- as cost of paddy of 3346 quintals. The present appellant was also impleaded as a party but not noticed. During the pendency of that writ application, the Certificate Officer held Pakur Lamps and the present writ petitioner jointly liable for payment of the public demand.

(3.) The learned Writ Court by order dated 17.8.2017 refused to interfere with the matter while reserving the liberty with the petitioner therein to approach the appellate authority under section 60 of the Act and raise all the issues including the issue regarding maintainability of the order fixing the liability jointly on the parties ( Annexure-A). This order was brought on record as part of supplementary counter affidavit of the respondent-State, in this case. The learned Single Judge in the case of the present writ petitioner followed the view taken by the learned Single Judge in the case of Pakur Lamps in WPC No. 5773 of 2016 and refused to interfere in the matter. Petitioner, herein had approached for quashing of letter no. 423 dated 26.10.2016 whereby the District Cooperative Officer, Pakur requested the Deputy Commissioner, Pakur to initiate a certificate proceedings against the Chairmancum- Member Secretary of the Pakur Lamps as well as the petitioner for realization of the dues. It also sought quashing of the letter no. 477 dated 10.12.2016 whereby the District Cooperative Officer, Pakur requested the Certificate Officer Pakur to initiate Certificate Proceedings against the petitioner as well as the officers of the Lamps, Pakur for realization of the dues. Petitioner sought quashing of the entire certificate proceeding being Certificate Case No. 46 of 2016-2017 including the notices issued thereunder. During the pendency of the instant writ petition, the Certificate Officer decided the public demand by order dated 01.08.2017 which was also challenged through I.A. No. 6592 of 2017.