Jharkhand High Court
Sarswati Devi & Others vs State Of Jharkhand & Others on 27 October, 2021
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
(Through : Video Conferencing)
............
For the Petitioners : Mr. Anil Kumar, Sr. Advocate.
: Mr. Satish Kumar Keshri, Advocate.
For the Respondent-State : Mr. Prashant Kumar Rai, A.C. to
Mr. P.C. Roy, S.C. (L&C)-I
........
10/27.10.2021.
Learned senior counsel, Mr. Anil Kumar assisted by learned counsel
for the petitioners, Mr. Satish Kumar Keshri has submitted that writ petition
has been filed on 17.08.2005 for quashing the notice dated 06.06.2005
issued by the respondent No.5, District Certificate Officer, Dumka, whereby
the proceeding has been initiated against the original petitioner for recovery
of Rs.1,19,106/- as excess payment made to the original petitioner with
regard to compensation of the land acquired for the purpose of Railway
track.
Learned senior counsel for the petitioners has further submitted that
present petitioners are admittedly the legal heirs of the original writ
petitioner, who died on 13.12.2007 and only question involved in the present
writ petition is that after death of the original certificate debtor, in view of
the Section 52 of the Bihar and Orissa Public Demands Recovery Act, 1914,
whether notice has to be issued upon the substituted legal heirs / legal
representative of the deceased (original judgment debtor) under Section 7 of
the Bihar and Orissa Public Demands Recovery Act, 1914?
Section 52 of the said Act, 1914 may profitably be quoted hereunder:-
"52. Procedure on death of Certificate- debtor. -(1) Where certificate-
debtor dies before the certificate has been fully satisfied, the Certificate
Officer may, after serving upon the legal representative of the deceased
a notice in the prescribed form proceed to execute the certificate against
such legal representative and the provisions of this Act shall apply as if,
such legal representative were the certificate debtor and as if such notice
were a notice under Section 7:
Provided that where the certificate is executed against such legal
representative, he shall be liable only to the extent of the property of the
deceased which has come to his hands and has not been duly disposed
of; and, for the purpose of ascertaining such liability, the Certificate
Officer executing the certificate may, of his own motion or on the
application of the certificate-holder compel such legal representative to
produce such accounts as the Certificate Officer thinks fit.
(2) for the purposes of this Section, property in the hands of a son or
other descendant which is liable under Hindu Law for the payment of the
debt of a deceased ancestor, in respect of which a certificate has been
filed, shall be deemed to be property of the deceased which has come to
the hands of the son or other descendant as his legal representative."
Learned counsel for the petitioners has further submitted that the
State counsel has taken time on the last few occasions to seek instruction
from the concerned authority, so as to seek instruction whether notice
under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914
has been served upon the substituted legal heirs of original judgment debtor /
petitioner, though the counter affidavit has been filed by the State on
26.09.2005, but no whisper with regard to the said provisions have been
mentioned in the entire counter affidavit.
Learned counsel for the State, Mr. Prashant Kumar Rai, A.C. to Mr.
P.C. Roy, S.C.(L&C)-I has submitted that twice he has contacted the
Deputy Commissioner, Dumka and letter has also been issued by the State
counsel, but no response has been given by the Deputy Commissioner,
Dumka, as such, he is enable to assist this Court properly.
Under the aforesaid circumstances, let the Chief Secretary,
Government of Jharkhand be informed about this case.
Let the copy of order dated 08.09.2021 and 29.09.2021 and the
present order be communicated to the Chief Secretary, Government of
Jharkhand, Ranchi so as to peruse the same so that assistance be provided
by the respondent - the Deputy Commissioner, Dumka in future.
Put up this case after Chhath Puja Vacation.
(Kailash Prasad Deo, J.)
Jay/-
