Devendra R. Purohit vs The State Of Jharkhand Through Its Chief ...
2026 Latest Caselaw 2471 Jhar

Jharkhand High Court

Devendra R. Purohit vs The State Of Jharkhand Through Its Chief ... on 26 March, 2026

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                                         ( 2026:JHHC:8672 )




                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P. (C) No. 5320 of 2011
               Devendra R. Purohit, son of Sri Ram Awatar Purohit, proprietor of M/s
               Brahmanand Farms and Research Centre, resident of Village- Darasai,
               P.O. Bada Khursi (Mahulia), P.S. Ghatshila, District- East Singhbhum
                                                                        ... Petitioner
                                         -Versus-
            1. The State of Jharkhand through its Chief Secretary, Project Bhawan, P.O.
                & P.S. Dhurwa, District- Ranchi
            2. District Certificate Officer, Gumla, P.O., P.S. & District- Gumla
            3. Accounts Officer, District Rural Development Agency, Gumla, P.O., P.S.
                & District- Gumla                                       ... Respondents
                                            -----

            CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                            -----
            For the Petitioner        : Mr. A.K. Sahani, Advocate
                                        Ms. Trishna Sagar, Advocate
            For the State             : Mr. Anil Kumar Singh, A.C. to G.P.-I
                                            -----
06/26.03.2026     Heard Mr. A.K. Sahani, learned counsel appearing for the petitioner

and Mr. Anil Kumar Singh, learned counsel appearing for the State.

2. In the present writ petition, the prayer is made for quashing the order

dated 04/06.08.2011 passed by respondent no.2 in Certificate Case

No.7/2009, whereby, preliminary objection raised by the petitioner against

the maintainability of the certificate proceeding has been rejected.

3. Mr. A.K. Sahani, learned counsel appearing for the petitioner submits

that in absence of compliance of mandatory provisions under Sections 5 and

6 of the Bihar and Orissa Public Demand Recovery Act, 1914, learned Court

has dismissed the petition filed by the petitioner for deciding the preliminary

issue and in view of that, the impugned order may kindly be set-aside and

the learned Court may kindly be directed to decide afresh.

4. Mr. Anil Kumar Singh, learned counsel appearing for the State submits

that the petitioner has already examined 7 witnesses and in view of that, the

authority can decide both the issues i.e. preliminary as well as main issue

( 2026:JHHC:8672 )

simultaneously to avoid consumption of time.

5. The matter is arising out of certificate case. The objection filed by the

petitioner has been rejected by respondent no.2. This matter is still pending

here since 2011 and stay is operative. Although there is provision of appeal

against the said order in light of the said Act, however, considering the

pendency of this writ petition since 2011 and in remanding the matter to the

appellate authority, the matter will be further delayed.

6. In view of the settled principle that all issues whether preliminary or

otherwise are required to be decided simultaneously. Stopping of proceedings

pending before the competent authority by the High Court under Article 226

of the Constitution of India for deciding preliminary issue is not proper in the

interest of expeditious adjudication of disputes.

7. In that view of the matter, the impugned order dated 04/06.08.2011

passed by respondent no.2 in Certificate Case No.7/2009 is, hereby, set-aside.

The matter is remitted back to the concerned authority i.e. respondent no.2.

Respondent no.2 will decide the said objection along with main issue

simultaneously in accordance with law and as expeditiously as possible.

8. Accordingly, this writ petition is disposed of.

9. Interim order granted vide order dated 14.09.2011 stands vacated.

(Sanjay Kumar Dwivedi, J.) Dated: 26th March, 2026 Ajay/