Jharkhand High Court
M/S.Central Coalfields Ltd. vs State Of Jharkhand & Ors. on 8 April, 2009
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6600 of 2002
With
W.P.(C) No. 6022 of 2002
With
W.P.(C) No. 378 of 2004
With
W.P.(C) No. 397 of 2004
M/s Central Coalfields Ltd. ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the Petitioner: M/s. Ananda Sen, Advocate
For the State: Mr. A.A.G.
Mr. S.C. (Land Ceiling)
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04/ 8.04.2009. These writ petitions have been preferred for the following reliefs:-
1) For an appropriate writ/ order/direction for quashing the notice dated 4.4.2002, 9.4.2002, 23.3.2002 issued by respondent No.
2 whereby and whereunder a demand has been made that the petitioner should pay interest on the amount of road tax which the petitioner has already deposited in the Certificate Case No. 123/94-95, 124/94-95, 3050/93-94, 730/93-94 respectively.
2) For a writ of or in the nature of mandamus commanding upon the concerned respondents to forbear from giving effect to or acting pursuant to or in furtherance of the said impugned notice.
The petitioner at paragraph-6 has stated that the Certificate Proceeding was initiated by the Transport Authority for payment of Road Tax in respect of the figures in question and it further at paragraph-7 states that during the pendency of the certificate proceeding the petitioner deposited the entire amount as mentioned in the requisition by way of road tax and has given the details of the cheque and the amount.
The respondent No. 3 in the counter-affidavit has not denied the same. However, it has referred to at paragraph-6 with regard to interest, cost and charges recoverable referring to Section-17 a and Section 17 of the Bihar & Orissa Public Demand Recovery (Amendment) Act. According to the respondent authority interest upon public demand to which the Certificate relates is payable at 2. the rate of 12% per annum from the date of signing of the certificate up to the date of realization.
Considering the aforesaid facts and circumstance of the case, the matter is confined to the interest part which is statutorily payable and accordingly the petitioner is directed to pay the statutory interest within a period of two months from the date of receipt/production of a copy of this order, failing which, necessary consequence will follow.
These writ petitions are accordingly dismissed.
D.S. (Ajit Kumar Sinha, J.)