Jharkhand High Court
Bhupendar Singh @ Bhupendar Kumar Singh ... vs The State Of Jharkhand Through The ... on 27 September, 2018
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6091 of 2014
Bhupendar Singh @ Bhupendar Kumar Singh son of Sri Ram
Sagar Singh Resident of Village- Salkhuwa, P.O.- Jogiyara
P.S.- Pratappur, Distt- Chatra (Jharkhand)
... ... Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary,
Deptt. of Forests and Environment, Government of
Jharkhand Having its Head Office at Nepal House, Doranda,
P.O. & P.S.- Doranda, Distt.- Ranchi (Jharkhand).
2. The Deputy Commissioner,
P.O. & P.S.- Chatra, Distt.- Chatra (Jharkhand)
3. The Certificate Officer-cum-Assistant Conservator of Forest,
Chatra, North Forest Division, Chatra
P.O. & P.S.- Chatra, Distt.- Chatra (Jharkhand)
4. The Divisional Manager,
Minor Forest Produce Project Division,
Hazaribagh, Distt.- Hazaribagh (Jharkhand)
... ... Respondents
---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioner : Mr. Navin Kumar Singh, Advocate For Resp. Nos. 3 & 4 : Mr. Rupesh Singh, Advocate For Res. Nos. 1 & 2 : Mr. Vishal Kumar Rai, Advocate
---
09/27.09.2018 Heard Mr. Navin Kumar Singh, counsel appearing for the petitioner.
2. Heard Mr. Rupesh Singh, counsel appearing for the respondent nos. 3 and 4.
3. Heard Mr. Vishal Kumar Rai, counsel appearing for the respondent nos. 1 and 2.
4. This writ petition has been filed for the following reliefs:
"(a) For quashing the Distress Warrant dated 20.09.2014 as contained in Letter No. 2289 dated 20.09.2014 (Annexure-11) issued by the learned Certificate Officer, Chatra (Respondent No. 3) which has been issued against the petitioner for recovery of Rs.
10,55,062.88/- to be payable to the Respondent No. 4 without deciding the Objection Petition dated 20.8.2008 (Annexure-6) filed by the petitioner under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 in terms of the provision provided under Section 2 10 of the Act and without considering the Explanation dated 28.3.2014 (Annexure-10) submitted by the petitioner.
(b) For quashing the entire proceedings of the Certificate Case No. 150/2007-08 learned Certificate Officer, Chatra (Respondent No. 3 ) initiated by the Respondent No. 4 for recovery of Rs. 5,73,376.96/- from the petitioner in view of the Objection Petition dated 20.8.2008 (Annexure-6) filed by the petitioner and the Explanation dated 28.3.2014 (Annexure-10) submitted by the petitioner."
5. Counsel for the petitioner submits that the impugned order as contained in Annexure-11 to the writ petition and the consequent warrant of arrest has been issued against the petitioner arising out of certificate proceedings bearing Certificate Case No. 150/2007-08 by Certificate Officer, Chatra.
6. The grievance of the petitioner is that the objection which was filed by the petitioner dated 20.08.2008 as well as the explanation dated 28.03.2014 have not been disposed of by the Certificate Officer and he has proceeded to issue warrant of arrest against the petitioner asking the petitioner to pay the certificate amount. He submits that the objection dated 20.08.2008 and explanation dated 28.03.2014 has been field alongwith the writ petition contained in Annexure-6 and 10 of the writ petition.
7. Counsel for the petitioner submits that the impugned action of the Certificate Officer is in total disregard to the provisions of Bihar and Orissa Public Demands Recovery Act, 1914 and is in gross violation of principles of natural justice and fair play.
8. Counsel appearing on behalf of the respondent nos. 3 and 4, while opposing the writ petition, submits that petitioner has an alternative remedy of appeal and it has been stated by respondent no. 4 in the counter-affidavit that the Certificate Officer, after appreciation of objection filed by the petitioner, passed the impugned order for recovery of dues.
39. Counsel appearing on behalf of the other respondents supported the submissions made by the counsel appearing on behalf of the respondent nos. 3 and 4.
10. After hearing the counsel for the parties and after considering the materials on record, this Court finds that admittedly the petitioner had filed his objection pursuant to the notice issued by the Certificate Officer vide objection dated 20.08.2008 and 28.03.2004 as contained in Annexure-6 and 10 respectively of the writ petition.
11. From the perusal of the writ petition and the counter- affidavit, it appears that this objection has not been considered and disposed of by the respondent- Certificate Officer and the impugned order has been passed. From the perusal of the impugned order, this Court does not find any consideration of the objection filed by the petitioner and accordingly, the contention of the respondent as mentioned in para 11 of the counter-affidavit that the Certificate Officer, after appreciating the objection filed by the petitioner passed the impugned order, is not reflected from the impugned order.
12. As per the provisions of Bihar and Orissa Public Demands Recovery Act, 1914, upon issuance of notice in the certificate proceedings, the certificate debtor has a right to file objection under section 9 of the said Act and the same is required to be disposed of by the Certificate Officer .
13. This Court further finds that non-disposal of the objection filed by the petitioner before the Certificate Officer amounts to gross violation of principles of natural justice and also violative of the said provision of Bihar and Orissa Public Demands Recovery Act, 1914. Accordingly, such action of the respondent is arbitrary and hence violative of Article 14 of the Constitution of India.
414. In such circumstances, this Court is inclined to entertain this writ petition under Article 226 of the Constitution of India and pass appropriate order.
15. Accordingly, the impugned order dated 20.09.2018 as contained in Annexure-11 whereby distress warrant has been directed to be issued against the petitioner, as well as the distress warrant dated 20.09.2014 are hereby set-aside. The petitioner is directed to appear before the Certificate Officer on 31.10.2018 and upon his appearance, the Certificate Officer i.e. respondent no. 3 is directed to hear the petitioner and consider his objection and pass reasoned order within a period of one month thereafter.
16. This writ petition is disposed of .
17. It is made clear that this Court has not entered into the merits of the matter and the order is being passed only on account of the fact that the objection filed by the petitioner has not been disposed of by the Certificate Officer.
(Anubha Rawat Choudhary, J.) Pankaj