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2023 Supreme(Jhk) 673
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Pinki Kumari & Ors. - Petitioners
Versus
The State of Jharkhand & Ors. - Respondents
W.P.(C) Nos. 834, 815, 835, 846, 1014, 1057, 1143, 1144 of 2020
Decided On : 22-08-2023
For the Petitioner: Mr. Rajeev Kumar Sinha, Mr. Vishnu Kumar Mahto.
For the Respondents: Mr. Rahul Saboo, GP-II, Mr. Kunal Chandra Suman, AC to GP-II, Mr. Saurav Mahto, AC to GP-II, Mr. Shashank Shekhar, AC to AAG-V, Mr. Binit Chandra, AC to AAG-III, Mr. Shivam Anand Pathak, AC to SC-III, Mr. Vineet Prakash, AC to SC-IV,
Headnote:
Bihar and Orissa Public Demands Recovery Act, 1914 - Section 5, 7, 10, 60 - Jharkhand Panchayat Raj Act, 2001 - Section 142, 108 - Indian Penal Code, 1860 - Section 21 - Quash Certificate - Recovery of an amount - W.P.(C) has been filed for quashing Certificate Case pending in court of respondent no. 5 as well as impugned show cause notice issued under Section 7 of Act, 1914 to petitioner in said certificate case for recovery of an amount - Held, It is evident that before issuing said letter, explanations were asked from petitioners, however, they failed to respond same and only thereafter said letter was issued by respondent no. 6 and as such, Court do not find any infirmity in issuing said letter - Petitioners have opportunity to reply said notices denying their liability by taking all available points with them which shall be decided by respondent no. 5 under Section 10 of Act, 1914 and while doing so, said respondent may take evidence (if necessary) to determine whether certificate-debtors are liable for whole or any part of amount for which respective certificates have been signed and may set aside, modify or vary certificates accordingly - Further, final order as may be passed by respondent no. 5 is appealable under Section 60 of Act, 1914 – Court do not find any ground to entertain present writ petitions filed under Article 226 of Constitution of India - Writ petitions dismissed.
JUDGMENT :
W.P.(C) No. 834 of 2020 has been filed for quashing Certificate Case No. 57/2019 instituted under Section 5 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as “the Act, 1914”) pending in the court of the respondent no. 5 – the Certificate Officer-cum-Sub-Divisional Officer, Barhi, Hazaribagh as well as the impugned show cause notice dated 22.01.2020 issued under Section 7 of the Act, 1914 to the petitioner in the said certificate case for recovery of an amount of Rs.5,32,032/-.
2. W.P.(C) No. 815 of 2020 has been filed for quashing Certificate Case No. 68/2019 instituted under Section 5 of the Act, 1914 pending in the court of the respondent no. 5 as well as the impugned show cause notice dated 22.01.2020 issued under Section 7 of the Act, 1914 to the petitioner in the said certificate case for recovery of an amount of Rs.5,10,192/-.
3. W.P.(C) No. 835 of 2020 has been filed for quashing Certificate Case No. 39/2019-20 instituted under Section 5 of the Act, 1914 pending in the court of the respondent no. 5 as well as the impugned show cause notice dated 23.11.2019 issued under Section 7 of the Act, 1914 to the petitioner in the said certificate case for recovery of an amount of Rs.2,12,960/-.
4. W.P.(C) No. 846 of 2020 has been filed for quashing Certificate Case No. 52/2019 instituted under Section 5 of the Act, 1914 pending in the court of the respondent no. 5 as well as the impugned show cause notice dated 22.01.2020 issued under Section 7 of the Act, 1914 to the petitioner in the said certificate case for recovery of an amount of Rs.4,22,496/-.
5. W.P.(C) No. 1014 of 2020 has been filed for quashing Certificate Case No. 36/2019-20 instituted under Section 5 of the Act, 1914 pending in the court of the respondent no. 5 as well as the impugned show cause notice dated 23.11.2019 issued under Section 7 of the Act, 1914 to the petitioner in the said certificate case for recovery of an amount of Rs.5,06,396/-. Further prayer has been made for quashing the letter as contained in memo no. 1207 dated 20.07.2019 issued by the respondent no. 6 – the Block Development Officer, Chouparan, Hazaribagh to the petitioner as well as ‘Mukhiya’ of twenty four panchayats situated within Block-Chouparan, whereby they along with the petitioner have been asked to deposit the excess amount incurred in purchasing solar street lights in block Nazarat within 2 days as per the detailed chart annexed with the said letter, failing which certificate case would be instituted for recovery of the said amount.
6. W.P.(C) No. 1057 of 2020 has been filed for quashing Certificate Case No. 53/2019 instituted under Section 5 of the Act, 1914 pending in the court of the respondent no. 5 as well as the impugned show cause notice dated 22.01.2020 issued under Section 7 of the Act, 1914 to the petitioner in the said certificate case for recovery of an amount of Rs.1,40,832/-. The petitioner has also challenged the aforesaid letter as contained in memo no. 1207 dated 20.07.2019 issued by the respondent no. 6.
7. W.P.(C) No. 1143 of 2020 has been filed for quashing Certificate Case No. 37/2019-20 instituted under Section 5 of the Act, 1914 pending in the court of the respondent no. 5 as well as the impugned show cause notice dated 23.11.2019 issued under Section 7 of the Act, 1914 to the petitioner in the said certificate case for recovery of an amount of Rs.3,99,897/-. The petitioner has also prayed for quashing the aforesaid letter as contained in memo no. 1207 dated 20.07.2019 issued by the respondent no. 6.
8. W.P.(C) No. 1144 of 2020 has been filed for quashing Certificate Case No. 43/2019 instituted under Section 5 of the Act, 1914 pending in the court of the respondent no. 5 as well as the impugned notice dated 23.11.2019 issued under Section 7 of the Act, 1914 to the petitioner in the said certificate case for recovery of an amount of Rs.3,96,384/- as well as has put challenge to the aforesaid letter as contained in memo No
