Sarswati Devi & Others vs State Of Jharkhand & Others
2021 Latest Caselaw 4639 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Writ Jurisdiction)
                 W.P. (C) No. 4663 of 2005
                         ........

Sarswati Devi & Others .... ..... Petitioners Versus State of Jharkhand & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioners : Ms. Chandana Kumari, Advocate. For the Respondent-State : Mr. Prashant Kumar Rai, A.C. to Mr. P.C. Roy, S.C. (L&C)-I.

........

11/06.12.2021.

Heard, learned counsel for the petitioners, Ms. Chandana Kumari and learned counsel for the respondent-State, Mr. Prashant Kumar Rai, A.C. to Mr. P.C. Roy, S.C. (L&C)-I.

Learned counsel for the petitioners has submitted that the issue involved in the present writ petition is that after death of the original judgment debtor, no notice has been issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 upon the substituted legal heirs of original judgment debtor by the respondent no. 5, District Certificate Officer, Dumka.

The matter was adjourned on 08.09.2021, 29.09.2021 and 27.10.2021, but till date, no affidavit has been filed by the respondents as to whether such notice has been served upon legal heirs of original judgment debtor or not?

Mr. Prashant Kumar Rai, A.C. to Mr. P.C. Roy, S.C. (L&C)-I has submitted that even after sending information, the authority concerned is not responding to their re-call.

Under the aforesaid circumstances, District Certificate Officer, Dumka, respondent no. 5 is directed to file affidavit before the next date duly sworn by himself.

By way of last indulgence, put up this case on 14.12.2021. Let the order be communicated to the Chief Secretary, Government of Jharkhand and also to the Deputy Commissioner, Dumka through 'FAX'.

(Kailash Prasad Deo, J.) Sunil/-