Jharkhand High Court
Eastern Trader And Transport vs Agriculture Produce Market ... on 29 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 2477 of 2006
Eastern Trader and Transport, a partnership Firm,
Calcutta & Anr. .... .. ... Petitioners
Versus
Agriculture Produce Market Committee, having its office at Jharia,
Dhanbad & Ors. .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
.........
For the Petitioners : None
For the State : Ms. Shruti Shrestha, AC to Sr. S.C.-II
For the resp. Nos.1 & 2 : Dr. Ashok Kumar Singh, Advocate
......
14/ 29.11.2021. Heard, learned counsel for the parties.
Dr. Ashok Kumar Singh, learned counsel appearing for the Respondent
Nos.1 & 2 has submitted that he has received the photocopy of the entire order-
sheet of Certificate Case No.2 (MFT)-2004-05 and tried to persuade this Court
that after notice the petitioner being the judgment/debtor appeared on 03.08.2004,
27.09.2004, 1.11.2004, 03.12.2004, 06.01.2005, 08.02.2005, 02.04.2005,
04.05.2005, 30.05.2005, 27.06.2005, 29.07.2005, 01.10.2005, 14.11.2005,
06.12.2005, 07.02.2006, 07.02.2006, 03.03.2006, 10.03.2006 and thereafter on
07.04.2006, when time petition was filed and the same was rejected by the
Certificate Officer by issuing Distress Warrant of Arrest.
The petitioner again appeared on 03.05.2006, 25.05.2006, as such, it has
wrongly been submitted in the writ petition by the petitioner that the petitioner has
already vacated the rented premises on 04.04.2002 though the Certificate Proceeding
was initiated in the year, 2004-05 and the entire ordersheet has not been brought on
record rather from perusal of page nos.36 and 37 of the writ petition, it appears that
petitioners have taken attempt to show that on 03.05.2005, notice was sent under the
registered post, but the compliance report is not on record though the petitioners
have already appeared prior to that on 03.08.2004.
Learned counsel for the respondent Nos.1 and 2 has further submitted that to
comply the order dated 27.10.2021 passed by this Court, three weeks' time may be
granted to file counter-affidavit by the competent authority as statement of fact has
been received.
Learned counsel for the State, Ms. Shruti Shrestha, AC to Sr. S.C.-II has
submitted that they have also not complied the order dated 27.10.2021.
Considering the same, three weeks' time is granted to the respondents-
Agriculture Produce Market Committee as well as learned counsel for the State, Ms.
Shruti Shrestha, AC to Sr. S.C.-II to file counter-affidavit, failing which the counter-
affidavit filed by respondent nos.1 & 2 or by State shall only be accepted by the
registry on payment of cost of Rs.50,000/-and out of which Rs.25,000/- shall go to
the petitioners and rest Rs.25,000/- shall go to the Jharkhand High Court Legal
Services Committee, Ranchi.
List this case after three weeks.
Let a copy of this order be communicated through FAX to the Chief
Secretary, Government of Jharkhand, Ranchi and in the office of Advocate General,
State of Jharkhand as well as the Secretary, Finance Department, State of Jharkhand
and Deputy Commissioner, Dhanbad at once.
(Kailash Prasad Deo, J.)
R.S
