Jharkhand High Court
M/S Aditya And Rashmi Construction Pvt. ... vs State Of Jharkhand And Others on 13 July, 2023
Author: Ananda Sen
Bench: Sanjaya Kumar Mishra, Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2924 of 2014
M/s Aditya and Rashmi Construction Pvt. Ltd through
its Managing Director Ashok Kumar Singh ... ... Petitioner
Versus
State of Jharkhand and others ... ... ... Respondents
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CORAM: SRI SANJAYA KUMAR MISHRA, C.J.
SRI ANANDA SEN, J.
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For the Petitioner: Mr. Raunak Sahay, Advocate For the Respondents: Mr. Nehru Mahto, A.C. to G.P.-IV
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28/Dated: 13.07.2023 I.A. No. 5098 of 2023 This is an application for amendment and for impleading the District Certificate Officer, Sahibganj as a party-respondent in the writ application on the ground that during pendency of the writ application, a certificate proceeding has been initiated and the District Certificate Officer is necessary party to the writ application.
No objection has been filed by the respondents. We are also of the opinion that in order to give a specific and incisive direction, the District Certificate Officer is a necessary party and should be impleaded as a party respondent to the writ application.
Accordingly, the present application for amendment/ impleadment is allowed. The District Certificate Officer, Sahibganj is impleaded as party respondent no.5 to the writ application. W.P. (C) No. 2924 of 2014
Let the learned counsel for the petitioner file the amended writ petition incorporating the addition of party and also the amendment to the prayer portion of the writ application and serve a copy on the learned counsel for the State, who accepts notice also on behalf of the newly added party respondent no. 5.
He is directed to take instructions.
2.
List this case on 14.09.2023.
I.A. No. 5099 of 2023 Till the next date of listing, i.e., 14.09.2023, the District Certificate Officer, Sahibganj, shall not take any coercive action against the petitioner as the learned counsel for the State would seek some time to examine whether there is any clause in the Agreement between the petitioner and the respondents regarding recovery of money as arrears of land revenue. He is also directed to examine whether the money which is at least sought to be recovered from the petitioner comes within the definition as provided in Sections 4 and 5, sub-section 2(1) read with the contents of Schedule-I to the Bihar and Orissa Public Demand Recovery Act, 1914.
I.A. No. 5099 of 2023 stands disposed of.
Grant urgent certified copy of this order as per the Rules.
(Sanjaya Kumar Mishra, C.J.) (Ananda Sen, J.) APK/VK