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2011 DIGILAW 258 (JHR)

Munna Bhagat v. State of Jharkhand

2011-03-28

R.K.MERATHIA

body2011
JUDGMENT R.K. Merathia, J. 1. Mr. A.K. Mishra, learned Counsel for the Petitioner, submitted that though the Certificate Officer, Topchanchi recommended for refund/adjustment of Rs. 68,757/- on account of elections and call for 'bandh' on several dates but in the counter affidavit, it is said that the same cannot be allowed as there was no such provision in the agreement and therefore the certificate case No. 66 of 2010-11 has been initiated against the Petitioner. 2. Mr. Dubey, on the other hand, submitted that there is no provision of such remission in the agreement and moreover Petitioner was aware of the elections when he took part in the bid and about the 'bandh' also, Petitioner cannot claim as he had entered into agreement with his open eyes. He further submitted that Petitioner is not entitled to any relief as he deposited only half of the bid amount. 3. In reply, Mr. Mishra submitted that interest will be calculated in the certificate case. 4. It appears that there is no provision in the agreement for any remission. It is not disputed that the parliamentary elections were announced on 21st March, 2009 and bid was held on 25.3.2009 and therefore Petitioner cannot claim remission on that account. Petitioner entered into agreement with open eyes, therefore, he cannot claim on account of 'bandh' also. 5. However, on account of State Assembly election, which was declared in November, 2009, the certificate officer may consider the Petitioners claim, taking into account the days, for which the toll was affected in that area. 6. But the Petitioner should file his claim on account of assembly election and deposit Rs. 4,00,000/- (Four lacs only) in the certificate court within three weeks from today. The Certificate Officer will pass order on such claim after giving opportunity of hearing to the parties, and will calculate the certificate dues in terms of the Public Demand Recovery Act including the interest etc. after deducting the amounts paid by the Petitioner. The balance amount will be paid by refunded to the Petitioner within the time granted by the Certificate Officer. The parties are directed to cooperate in the matter, failing which ex parte order can be passed. after deducting the amounts paid by the Petitioner. The balance amount will be paid by refunded to the Petitioner within the time granted by the Certificate Officer. The parties are directed to cooperate in the matter, failing which ex parte order can be passed. If the Petitioner fails to comply with any part of this order or the order passed by the Certificate Officer, this writ petition shall stand automatically dismissed and the Respondents will be entitled to proceed in accordance with law. 7. With these observations and directions, this writ petition is disposed of.