M/s S.K. Stone Works And Ors vs State Of Jharkhand And Ors

Heard Mr. K.K. Ojha, learned counsel for the petitioners and Mr. S.C. Prakash, learned A.C. to S.C. (L&C)-I, for the respondents.

The prayer made in this writ application is for quashing of the entire Certificate Proceeding being Certificate Case No. 21/2006 as well as the order dated 30.12.2011 passed by the respondent no. 2 by which without disposing of the objection preferred by the petitioners under Section 9 of the Public Demand Recovery Act warrant of arrest has been issued against the petitioners for recovery of the entire Certificate amount to the tune of Rs. 7,30,654/-

It has been submitted by the learned counsel for the petitioners that the initial demand was of Rs. 7,30,654/- but subsequently the same was amended and it had come down to Rs. 4,12,485.60/-. It has been submitted that an objection was filed by the petitioners in which the petitioners had stated that they were required to pay an amount of Rs. 2,34,000/- out of which they had already deposited an amount of Rs. 1,55,000/- and therefore the balance amount is still left to be paid by the petitioners. Learned counsel for the petitioners further submits that proper calculation has not been made while amending the dues and without considering the objection preferred by the petitioners under Section 9 of the Public Demand Recovery Act warrant of arrest has been issued against the petitioners in terms of the order dated 30.12.2011.

Learned A.C. to S.C. (L&C)-I, for the respondents has opposed the prayer made by the petitioners.

Vide order dated 13.06.2019 the learned A.C. to S.C. (L&C)-I was directed to take instruction as to the reasons for the pendency of the Certificate Case for almost 13 years. A supplementary counter affidavit has been filed by the respondents from which it appears that the primary focus which has been made by the respondents is the acceptance of the petitioners in their objection under Section 9 of the Public Demand Recovery Act that an amount of Rs. 2,34,000/- was due from the petitioners out of which they had already paid an amount of Rs. 1,55,000/- but the rest amount was not paid by the petitioners in spite of giving an undertaking.

The factual aspects of the case reveal that the initial demand which was raised was to the tune of Rs. 7,30,654/-which was subsequently amended and it came down to Rs. 4,12,485.60/-. The petitioners had filed an objection under Section 9 of the Public Demand Recovery Act in which they had claimed that the dues were to the tune of Rs. 2,34,000/- out of which a major portion has already been deposited by them. From the supplementary counter affidavit filed by the respondents there does not appear to be any consideration made on the objection made by the petitioners and the only thing which has been harped upon is the inability of the petitioners to deposit the balance amount in spite of giving an undertaking in their objection filed under Section 9 of the Public Demand Recovery Act. No appropriate reasons have also been given by the respondents with respect to the pendency of the Certificate Case for a period of more than 13 years.

In such circumstances, therefore, it would be necessary for the respondents that the objection filed by the petitioners under Section 9 of the Public Demand Recovery Act be considered in its proper perspective and thereafter final decision be taken in the Certificate Proceedings initiated against the petitioners.

In such view of the matter, therefore, this writ application stands disposed of with a direction to the Deputy Director of Mines-cum-Certificate Officer (Mines) Santhal Pragana Circle, Dumka as in terms of para 12 of the supplementary counter affidavit the Certificate Case is said to be pending before the said authority who shall on consideration of the objection preferred by the petitioners under Section 9 of the Public Demand Recovery Act dispose of the Certificate Proceeding expeditiously and preferably within a period of two months from the date of receipt/production of a copy of this order.

This writ application stands disposed of.