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G. ANUPAMA CHAKRAVARTHY
Future Generali India Insurance Company Ltd. – Appellant
Versus
State of Bihar – Respondent
G. Anupama Chakravarthy, J.—As identical issues are involved in all the Writ applications, they were heard and considered together and as such common order is being passed.
2. However, there is a slight variation of Certificate Case number in each of the Writ petition hence, for better appreciation of the case, the reliefs prayed for by one of the petitioners are quoted herein below:
3. The petitioner of CWJC No. 12411 of 2016 has filed the present Writ petition for the following reliefs:—
(I) To issue a writ of certiorari for quashing the entire proceeding of Certificate case no. 06/15-16 initiated under the provisions of Bihar & Orissa Public Demand Recovery Act (hereinafter referred to as the “PDR Act”) including the notice issued under Section 7 of the PDR Act.
(II) To issue writ of prohibition, prohibiting respondent Certificate Officer from proceeding any further or taking any steps in Certificate Case no. 06/15-16 pending before him.
(III) To grant any other relief or reliefs for which petitioner is entitled.
4. As stated above, the variation of only Certificate Case Number in each of the Writ petition, which are mentioned as below:—
In CWJC No. 12414 of 2016 : Certificate Case No.
The statutory duty of the certificate officer to consider the objection filed by the certificate-debtor and pass an appropriate order under Section 10 of the Act, 1914.
Disputed claims for refund of cess on royalty must be resolved in civil courts, not through writ petitions, as they involve complex factual determinations.
A certificate officer may also be a certificate holder, but objections regarding jurisdiction must be resolved by a non-biased officer to maintain principles of natural justice.
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