CENTRAL COALFIELDS LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 22.02.2018 passed by the Certificate Officer (Mining), Hazaribagh in Certificate Case No.01/2017-18 has been assailed whereby and whereunder, according to the petitioner, without considering the objection filed under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914, the objection has been rejected.

(2.) Mr. A.K.Das, learned counsel appearing for the petitioner has submitted that in pursuance to the notice issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter to be referred to as the Act, 1914), the petitioner has put his appearance as also filed objection as required under Section 9 of the Act, 1914. The Certificate Officer has called upon a report from the Requisitioning Officer vide order dated 20.09.2017 and the matter was posted awaiting the said report. Upto the order dated 06.01.2018, report has not been received before the Certificate Officer and waiting for the same, the case was posted on 28.01.2018 but the date for further hearing has been preponed from 28.01.2018 to that of 17.01.2018 showing therein that the report has been received giving therein parawise response to the objections filed under Section 9 of the Act, 1914 by the petitioner.

(3.) Mr. Chanchal Jain, learned A.C. to A.G., appearing for the respondent State has submitted by fairly accepting that when the date was fixed on 28.01.2018 it ought to have been heard on 28.01.2018 and in any case the decision, if any, has been taken for its preponement, it should have been communicated to the petitioner and therefore, he has submitted that since that part is not available, as such he has sought for time to seek instruction.