Amar Patel vs Sub Collector-Cum Certificate Officer
2024 Latest Caselaw 10052 Ori

Orissa High Court

Amar Patel vs Sub Collector-Cum Certificate Officer on 11 June, 2024

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.14084 of 2024

            Amar Patel                                   ....           Petitioner
                                                     Mr. B.B. Routray, Advocate
                                        -versus-
            Sub Collector-cum Certificate Officer,       .... Opposite Parties
            Bargarh
                                                          Mr. T.K. Biswal, ASC

                                 CORAM:
                 HON'BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.                                ORDER
   01.                                  11.06.2024

This matter is taken up through Hybrid Mode. I.A. No.7225 of 2024

2. This application has been filed for dispensing with filing of certified copy of Annexure-1, i.e., copy of judgment dated 26.09.2007 passed in M.A.C. Case No.28 of 2005 by the learned 3rd MACP, Bargarh for the time being is allowed.

3. Certified copy of the said judgment be filed within a period of two weeks.

4. With the aforesaid direction, the I.A. stands disposed of.

5. Learned counsel for the petitioner submitted that by judgment dated 26.09.2007 passed in M.A.C. Case No.28 of 2005 by the 3rd MACT, Bargarh, the father of the petitioner was held liable for recovery of compensation amount. Consequent upon which a certificate case was filed which is stated to be pending against the petitioner. Referring to Annexure-3 series, learned counsel for the petitioner submitted that the certificate of public demand stands in the name of late Bhadra Patel, who is the father of the petitioner, showing him as the certificate holder. Even though no certificate has been drawn against the petitioner, on participation before the Certificate Officer-cum-Sub-Collector, Bargarh, the following order has been passed on 30.01.2024:-

"The case is put up today.

The Advocate for the cdr has filed a petition praying for extend of time and recall the W/A. Heard him.

Time allowed for a period of 30 days. Intimate the IIC, Attabira PS as not to execute the W/A till 28.02.2024. Case to 29.02.2024."

6. Learned counsel for the petitioner submitted that even though time was extended and it was directed not to execute the warrant of arrest, fresh warrant has been issued.

7. Mr. T.K. Biswal, learned Additional Government Advocate submitted that there is no material available on record with regard to further proceeding after 29.02.2024 as reflected in the order dated 30.01.2024 and there is no material to show that fresh warrant of arrest has been directed. He seeks two weeks time to obtain instructions. Let extra copies of the writ petition be served on him within three working days.

8. List this matter in the week commencing 24.06.2024 before the assigned Bench.

Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Vacation Judge Reason: Laxmikant Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Jun-2024 19:04:09