Arun Kumar, S/o. Sri Mahesh Chandra Das v. State of Jharkhand
2023-07-24
ANUBHA RAWAT CHOUDHARY, SHREE CHANDRASHEKHAR
body2023
DigiLaw.ai
ORDER : Anubha Rawat Choudhary, J. Heard the learned counsels appearing for the parties. 2. This Letters Patent Appeal has been filed against the order dated 19th July 2019 passed by the learned writ Court in W.P.(C) No.7540 of 2017 whereby the writ petition has been dismissed. The writ petition was filed challenging the order contained in Memo No.185 dated 19.05.2017 passed by the Respondent No.2 in Certificate Case No.04/2016-17. 3. Mr. Prabhat Singh, the learned counsel for the appellant has submitted that the learned writ Court has failed to take into consideration that no opportunity was specifically granted to the appellant to file objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as the Act) and consequently, the final order passed by the Certificate Officer-cum-District Co-operative Officer, Pakur was not sustainable in the eyes of law. It is submitted that there has been a gross violation of the principles of natural justice in the instant case as an order under section 10 of the Act has been passed without hearing the writ petitioner/appellant and without considering the objections raised by him as provided under section 9 of the aforesaid Act. It is further submitted that the documents to show service of notice was not produced by the respondents before the learned Single Judge of this Hon’ble Court. It is also submitted that the notice under section 7 of the Act was not served upon the appellant and the appellant came to know of certificate proceeding initiated against him for the first time when the matter was transferred to the District Co-Operative Officer for execution of certificate. If notice under section 7 was served upon the appellant, the respondents could have brought it on record in the writ petition but the respondents failed to do so. 4. It is submitted that on account of the aforesaid the order of the Certificate Officer impugned in the writ petition is fit to be set aside which has not been properly considered by the learned Single Judge. 5. In support of the aforesaid submissions the learned counsel for the appellant has relied on the decisions in “Md. Firoz Ansari & Ors. v. The State of Jharkhand & Ors.” 2022 (1) JLJR 473 and “Kamal Kishore Prasad proprietor of M/s Swastic Motor Stores v. The State of Jharkhand & Ors.” 2023 AIR (Jhar) 36. 6.
5. In support of the aforesaid submissions the learned counsel for the appellant has relied on the decisions in “Md. Firoz Ansari & Ors. v. The State of Jharkhand & Ors.” 2022 (1) JLJR 473 and “Kamal Kishore Prasad proprietor of M/s Swastic Motor Stores v. The State of Jharkhand & Ors.” 2023 AIR (Jhar) 36. 6. This Court finds that the learned writ Court has dismissed the writ petition primarily on the ground that against the order passed by the authority in the aforesaid surcharge case, no appeal was filed, meaning thereby, the liability which has been casted upon the writ petitioner in pursuance to the order passed in the Surcharge Case No.03 of 2014 has been accepted and the certificate proceeding was in consequence of the said order and nothing remained to be decided by the Certificate Officer. 7. It is not in dispute that the liability against the appellant was crystalized in Surcharge Case No.03 of 2014 for an amount of Rs.7,50,514.50 vide order dated 14th October 2015 as has been stated by the appellant in para 8 of the writ petition but the said order has not been annexed in the writ records. 8. It is further not in dispute that the said certificate case was instituted for recovery of the dues arising out of the aforesaid surcharge case. It is important to note that the appellant has himself annexed the notice issued under section 7 of the Act at Annexure-3 of the writ petition which is dated 29th April 2016 and, in response thereof, he filed an objection by way of a letter dated 11th February 2017 disputing his liability by stating that before fixing the liability upon him, proper enquiry was not done inspite of his repeated requests. The Certificate Officer treated the letter dated 11th February 2017 as objection and rejected the same by recording that the certificate case was instituted for recovery of the amount already determined in terms of order passed in the Surcharge Case No. 03 of 2014. 9. Accordingly, the contention of the learned counsel for the appellant that notice under section 7 was not served and no opportunity of hearing or to file objection was given to the appellant is devoid of any merits.
9. Accordingly, the contention of the learned counsel for the appellant that notice under section 7 was not served and no opportunity of hearing or to file objection was given to the appellant is devoid of any merits. This Court is of the considered view that pursuant to the notice issued under section 7 of the aforesaid Act, the appellant raised objection and his objection has been rejected by citing sound reasons that the certificate case was instituted for recovery of the amount in terms of order passed in the Surcharge Case No. 03 of 2014 and there was no scope of any interference. 10. In the judgement relied upon by the appellant in “Kamal Kishore Prasad v. State of Jharkhand and Ors.” 2023 AIR (Jhar) 36 : 2023 SCC OnLine Jhar 4, the specific case of the petitioner was that the final order was passed by the Certificate Officer without deciding the objection filed by the writ petitioner. In the judgement reported in “Md. Firoz Ansari and Ors. v. The State of Jharkhand and Ors.” 2022 (1) JCR 403 : 2022 (1) JLJR 473 , though the notice was served upon the petitioners but the case of the petitioners was that requisition under Form B was never served and the learned writ Court was of the view that since the amount of liability in the form of personal loan was not determined by giving due opportunity of hearing to the petitioners, the certificate proceeding was not sustainable in the eyes of law. 11. Both the aforesaid judgements do not apply to the facts and circumstances of this case. In the present case, admittedly the certificate proceeding was based on the amount already crystalized in the Surcharge Case No. 3 of 2014 vide order dated 14th October 2015; as per the writ record, the appellant was served with the notice under section 7 as contained in Annexure-3 of the writ petition; appellant filed a reply to Annexure-3 objecting to the demand which was rejected vide order impugned in the writ petition dated 19th May 2017 (Annexure-5). 12. This Court is of the considered view that there has been no violation of the principles of natural justice and there has been no violation of the provisions of the aforesaid Act of 1914. 13.
12. This Court is of the considered view that there has been no violation of the principles of natural justice and there has been no violation of the provisions of the aforesaid Act of 1914. 13. In view of the aforesaid facts and circumstances, the impugned order passed by the learned writ Court, dismissing the writ petition, does not call for interference by this Court. Accordingly, this appeal is dismissed.