IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20830 of 2014
Benga Mallik .... Petitioner
Mr. J. Dash,
Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. B. Panigrahi,
Additional Standing Counsel
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 01.11.2023
04. This matter is taken up through hybrid mode.
2. Heard learned Counsel for the Parties.
3. Learned Counsel for the Petitioner relying on the judgment of this Court reported in 64(1987) C.L.T. 644 (Aprati Sahu Vs. State of Orissa and others) submits, the very initiation of the Certificate Proceeding against the Petitioner in absence of an agreement is bad and deserves interference by this Court.
4. To the Contrary, Mr. Panigrahi, learned Additional Standing Counsel for State/Opposite Parties submits, in terms of the auction notice, the Certificate Proceeding was rightly initiated against the Petitioner giving him due opportunity to file his Petition denying the liability under Section-8 of the Odisha Public Demands Recovery Act, 1962. The Petitioner choose not to avail the said opportunity.
5. Though a stand has been taken in the Counter Affidavit, no document has been appended thereto to demonstrate before this Court that proper opportunity was given to the Petitioner by giving him notice in Form-3 along with Form-2 to file objection denying liability under Section 8 of the said Act, 1962. Hence, learned Counsel for the State is directed to produce the record in Certificate Case No.101/01-02 on the adjourned date.
6. Mr. Panigrahi pays for two weeks time to produce the records as directed.
7. Matter be listed in the week commencing from 20th November, 2023.
8. Interim order passed earlier shall continue till the next date.
(S. K. Mishra) Judge Prasant Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Page 2 of 2 Date: 02-Nov-2023 11:56:10