AI Structured Summary
Not yet generated for this judgment
Judgment
C.R. Dash, J
This matter is taken up through hybrid mode.
Heard.
The petitioners are stated to be legal heirs of late Chhayaraman Mishra against whom proceeding had been initiated under OPDR Act vide C.C. No.01 of 2020 before the Certificate Officer, Balasore. Notice is stated to have been issued in Form-3. Show cause is stated to have been filed denying liability by the petitioners. The present writ petition has been filed on the ground that, the father of petitioner no.1 was acquitted of the charge under Sections 466/467/468/471/ 477(A)/120(B) of IPC and there is nothing on record to show that he had misappropriated any amount.
Be that as it may, the findings in the criminal case do not decide the fate of the recovery proceeding. In view of such facts, the petitioners, if so advised, may participate in the proceeding before the Certificate Officer, Balasore and Certificate Officer, Balasore-Opposite Party No.3 is directed to dispose of the proceeding in accordance with law, taking into consideration the show cause filed by the petitioners and any evidence adduced by the petitioners. It is needless to mention here that, adequate opportunity of hearing shall be given to the petitioners and the matter shall be disposed of, as expeditiously as possible.
Till disposal of the OPDR proceeding, no coercive action shall be taken against the petitioners.
The writ petition is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
.....................................