S.J.MUKHOPADHAYA,J. - (1.) THE petitioner -Tata Iron and Steel Company Limited (Company for short) being not satisfied with the judgment and order dated 15th April, 2000 passed by the learned Single Judge in C.W.J.C. No. 891 of 2000 (R), preferred this letters patent appeal. In a certificate case, the certificate officer rejected the objection preferred by petitioner under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 (P.D.R Act for short) regarding demand for realisation of Rs. 12,22,78,729.89 paise (Twelve crore 'twentytwo lacs seventyeight thousand seven hundred twentynine and eightynine paise) which was affirmed by the learned single Judge.
(2.) THE brief history of this case is that the company was established in the township of Jamshedpur and its estate vested in the State of Bihar in the year 1956, under the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950). Disputes and differences arose between the then Government of Bihar and the company regarding the operation and effect of the Bihar Land Reforms (Amendment) Act, 1972. The company filed a writ application in the Supreme Court (original jurisdiction) bearing No. 201 of 1973 challenging the validity of the Act, wherein stay orders with certain conditions were granted by the Supreme Court staying implementation of the Act against the Company. Subsequently, in view of enactment of the Bihar Land Reforms (Amendment) Act, 1982, the company withdrew the writ petition, having accepted that the estate of the company stood vested in the state of Bihar under the B.L.R. Act, 1950, as amended till date. An agreement for lease was made on 4th August, 1984 between the Governor of the State of Bihar on one part and the Company on the other part for a period of 40 years from Ist January, 1956 i.e. upto Ist January, 1996. One of the clause of agreement related to collection of Jama' (Rent) of the existing Hats, Melas. Bazars, Jalkars, Fisheries and other Sairats. In respect to 'Jama' (Rent) of the existing Hats, Melas, Bazars, Jalkars etc. for the period from 1st January, 1956 to 31st March, 1984, it was agreed upon by Company that the entire amount realised towards such item by the Company shall be paid to the Government in three equal annual installments along with interest on such dues @ 9.5% per annum for certain period and @ 13% per annum for subsequent period. This writ petition arises out of a certificate proceeding initiated against the appellant for recovery of 'Jama' (rent) for the period from Ist January, 1956 to 31st march, 1984 with interest. According to appellant, it has deposited the total 'Jama' (Rent) for the period in question with interest, whereas, according to respondents, the entire 'Jama' (Rent) of existing Hats, Melas, Jalkars etc. for the period from 1st January, 1956 to 31st March, 1984 has not been paid. The Certificate Case No. I (sairat) of 1997 -98 has been instituted for realisation of such dues with interest amounting to Rs. 12,22,78,729.89 paise (Twelve crore -twentytwo lacs seventyeight thousand seven hundred twentynine and eightynine paise) under the provisions of P.D.RAct, 1914.
(3.) IT appears that the appellant -Company deposited some amount towards rent realised from Hats, Melas, Bazars, Jalkars, Fisheries and other Sairats from the individuals for the period from Ist January, 1956 to 31st march, 1984. However, the rent realised by the company during the period from tenants of shop premises constructed by the Company and rented to others has not been deposited.;