Sanjay Kumar Tiwary vs The State Of Jharkhand & Others
2022 Latest Caselaw 1661 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Writ Jurisdiction)
                 W.P. (C) No. 525 of 2020
                         ........

Sanjay Kumar Tiwary .... ..... Petitioner Versus The State of Jharkhand & Others .... ..... Respondents

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

For the Petitioner : Mr. A.K. Sahani, Advocate. For the Respondents/State : Mr. Manoj Kumar, G.A.-III ........

05/26.04.2022.

Heard, learned counsel for the petitioner, Mr. A.K. Sahani and learned counsel for the respondents / State, Mr. Manoj Kumar, G.A.- III.

Learned counsel for the petitioner, Mr. A.K. Sahani, has submitted, that notice has been issued by the Executive Engineer, Rural Development Department in Certificate Case No. 07 of 2018- 19, with respect to demand of Rs. 84,97,441/- is not maintainable, as there is no such Clause in the Agreement No. 06 PMGSY/2010-11.

Learned counsel for the petitioner has further submitted, that this point has been raised by the writ petitioner in para-9 of the writ petition that if the items is not coming under Schedule-I appended to the Bihar and Orrisa Public Demands Recovery Act, 1914, the Certificate Proceeding cannot continue.

Learned counsel for the petitioner has placed reliance upon judgment passed by the Hon'ble Division Bench of High Court of Judicature at Patna in the case of Manoharlal Agarwalla Vs. Commissioner, North Chotanagpur Division reported in (1991) BBCJ 297.

Learned counsel for the respondents / State, Mr. Manoj Kumar has submitted that the writ petition is not maintainable as the petitioner can raise this point before the Certificate Officer by filing an objection.

At this juncture, learned counsel for the petitioner has submitted, that petitioner may be permitted to withdraw this writ petition, so as to raise all these issues by filing objection, but the Certificate Officer may be directed to consider the same.

Considering such submission, this Court is inclined to allow the petitioner to withdraw this writ petition, so as to avail legal remedy available under the law before the Certificate Officer by filing an objection.

If the objection is filed within 15 days from today, the Certificate Officer shall pass a reasoned order without being prejudiced by withdrawal of the writ petition.

Accordingly, the writ petition is disposed of.

(Kailash Prasad Deo, J.) Sunil/-