Advocates:
['KUMAR HARSH', '', 'SURAJ KISHORE PRASAD', 'ASHUTOSH ANAND']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No.2812 of 2022

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M/s. Wattamp Industries India Private Limited,

Nirsa, Dhanbad.

.......... Petitioner.

-Versus-

1. The State of Jharkhand

2. The State of Jharkhand through Principal Secretary, Micro and

Small and Medium Enterprises, Government of Jharkhand, Nepal

House, Doranda, Ranchi.

3. The Principal Secretary, Department of Rural Development,

Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi.

4. Managing Director, Jharkhand State Livelihood Promotion Society,

Shanti Deep Tower, Radium Road, Ranchi.

5. The Deputy Commissioner, Seraikela, Kharsawan.

.......... Respondents.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner

:

Mr. Kumar Harsh, Advocate

For the State

:

Mr. A. K. Thakur, A.C. to A.A.G.III

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Order No.06

Date: 12.10.2022

Learned counsel for the petitioner prays for and is allowed to

correct the designation of the respondent no.5.

Necessary correction in the cause title of the writ petition be

made in course of the day.

The present writ petition has been filed for issuance of direction

upon the respondents to forthwith pay the admitted dues of

Rs.22,65,000/- along with interest to the petitioner against the supply

order as contained in letter no.JSLPS/DMMU/SERAIKELA/035/2019

dated 28^th January, 2020. In alternative, the petitioner has prayed for

issuance of direction upon the respondent no.5 to register and initiate

execution proceeding in a time bound manner i.e. within three months

in pursuance of the order dated 15^th March, 2021 passed by the

Jharkhand Micro and Small Enterprises Facilitation Council, Ranchi in

Case No.JHMSEFC-10 of 2020 (New Case no.JH/04/M/JKH/00196).

In pursuance of the order dated 12^th September, 2022, Mr.

Suraj Kumar, Chief Executive Officer, Jharkhand State Livelihood

Promotion Society, Ranchi is present before this Court.

A counter affidavit has also been filed on behalf of the

respondent nos.3 and 4. It has been stated in paragraph no.5 of the

-2-

counter affidavit that being aggrieved with the order/ award dated

15^th March, 2021 passed by the Jharkhand Micro & Small Enterprises

Facilitation Council, Ranchi, the District Programme Manager,

Seraikela-Kharsawan has filed an appeal under Section 19 of the Micro,

Small and Medium Enterprises Development Act, 2006 on 29^th

September, 2022 being Civil Appeal Case no.12 of 2022 along with

limitation petition in the court of District & Additional Sessions Judge,

Seraikela-Kharsawan.

On this, learned counsel for the petitioner submits that filing of

such belated appeal against the order/award dated 15^th March, 2021

passed by the Jharkhand Micro and Small Enterprises Facilitation

Council, Ranchi is an afterthought just to delay the payment in favour

of the petitioner in terms with the said award. Moreover, Rule 8 of

Jharkhand Micro, Small and Medium Enterprise Development Rules,

2017 provides that if the purchaser does not appeal under Section 19

of the said Act against the award of the Council or an Institution, or

the appeal has been rejected, then the declared awardees can apply

for recovery to the Collector of the respective district and the Collector

will recover the amount as a land revenue arrear. In other

circumstances, the awardees can file a lawsuit in a competent court.

Be that as it may.

Since the concerned respondents have already preferred Civil

Appeal Case no.12 of 2022 under Section 19 of the Micro, Small and

Medium Enterprises Development Act, 2006, challenging the

order/award dated 15^th March, 2021 passed by the Jharkhand Micro

and Small Enterprises Facilitation Council, Ranchi, no writ of

mandamus can be issued at present.

The writ petition is, accordingly, disposed of.

The parties are at liberty to pursue their respective cases before

the District & Additional Sessions Judge, Seraikela-Kharsawan.