Benga Mallik vs State Of Odisha & Others
2023 Latest Caselaw 13519 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.20830 of 2014


                 Benga Mallik                        ....                Petitioner

                                   Mr. J. Dash,
                                   Advocate

                                          -versus-
                 State of Odisha & others            .... Opposite Parties

                                   Mr. B. Panigrahi,
                                   Additional Standing Counsel

                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                          ORDER

Order No. 01.11.2023

04. This matter is taken up through hybrid mode.

2. Heard learned Counsel for the Parties.

3. Learned Counsel for the Petitioner relying on the judgment of this Court reported in 64(1987) C.L.T. 644 (Aprati Sahu Vs. State of Orissa and others) submits, the very initiation of the Certificate Proceeding against the Petitioner in absence of an agreement is bad and deserves interference by this Court.

4. To the Contrary, Mr. Panigrahi, learned Additional Standing Counsel for State/Opposite Parties submits, in terms of the auction notice, the Certificate Proceeding was rightly initiated against the Petitioner giving him due opportunity to file his Petition denying the liability under Section-8 of the Odisha Public Demands Recovery Act, 1962. The Petitioner choose not to avail the said opportunity.

5. Though a stand has been taken in the Counter Affidavit, no document has been appended thereto to demonstrate before this Court that proper opportunity was given to the Petitioner by giving him notice in Form-3 along with Form-2 to file objection denying liability under Section 8 of the said Act, 1962. Hence, learned Counsel for the State is directed to produce the record in Certificate Case No.101/01-02 on the adjourned date.

6. Mr. Panigrahi pays for two weeks time to produce the records as directed.

7. Matter be listed in the week commencing from 20th November, 2023.

8. Interim order passed earlier shall continue till the next date.

(S. K. Mishra) Judge Prasant

Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication

Date: 02-Nov-2023 11:56:10