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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Nutan Singh, wife of Indrajeet Kumar Singh – Appellant
Versus
State of Jharkhand, through its Secretary, Department of Transport, Govt. of Jharkhand, Ranchi – Respondent
JUDGMENT :
(Anubha Rawat Choudhary, J.)
1. Heard the learned counsel present on behalf of the parties.
2. This writ petition has been filed for the following reliefs: -
“For issuance of appropriate Writ/Writs, Order/Orders or Direction/Directions, in the Nature of Certiorari for quashing the paper publication [vide Annexure-4] published in Hindi daily news paper – Prabhat Khabar, Deoghar Edition dated 22.9.2019 (being Item No. 21) by which it was notified being demand of arrears of Road Tax and Additional Tax from the petitioner, on account of passenger Bus No. JH-15D-6131.
AND
For quashing the issuance of Body Warrant Dt. 13.9.2019 (Annexure-3) against Petitioner in terms of Section 38 of Bihar and Odisha Public Demand Recover Act 1940, which has been issued contrary to the fact that a ‘No Objection Certificate’ have been deemed to be given by the DTO Deoghar to Petitioner.
AND
For quashing the demand of Rs.5,82,585/- and its interest thereto Rs.69,910.20 = Total Rs.6,52,492/- from the Petitioner, by the Respondent Authority.”
Arguments of the Petitioner.
3. Learned counsel for the petitioner submits that the solitary point which he wants to argue in the present case is as to whether the Di
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.
Disputed claims for refund of cess on royalty must be resolved in civil courts, not through writ petitions, as they involve complex factual determinations.
The court ruled that a conveyance deed executed under the SFC Act, 1951 is exempt from stamp duty per Government Notification, and procedural rights must be honored in certificate proceedings.
Failure to prefer an appeal against a rejected objection may render a writ petition not maintainable.
Authorities possess inherent power to correct clerical errors in issued certificates despite lack of explicit statutory authority.
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