JUDGEMENT
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(1.) HEARD learned counsel for the parties.
(2.) THIS Writ petition was preferred for quashing the order dated 22nd March. 2007. issued by the Certificate Officer, Dhanbad Mining Circle. Dhanbad under Section 9 of the Jharkhand and Orissa Public Demand Recovery Act, 1914, raising a demand of Rs. 90, 73, 052.00 failing which his account should be attached.
The controversy raised in the writ petition can be cut short in view of the categorical statements made in the counter affidavit that against a demand of Rs. 9, 61, 03, 273.00 comprising the certificate amount as well as the interest the petitioner -company has paid an amount of Rs. 8,70,30,221.00 vide demand draft dated 21st February, 2007. It is further stated that against the balance dues of certificate of Rs. 90,73,052.00 the petitioner was given a chart which they have verified and according to the petitioner an amount of Rs. 89.54.807.85.00 is correct as per the photocopy of the calculation chart submitted by the petitioner -company vide Reference No. PO/GVP/Royalty/3128, dated 30th July, 2007 (Annexure -C) to the counter -affidavit. However, in view of the pendency of the writ application the said amount has not been paid.
(3.) BE that as it may since over the outstanding demand of Rs. 90,73,052.00 the petitioner has also submitted a chart of Rs.89,54,807,85.00. the matter can be looked into by the Certificate Officer where the petitioner is allowed to approach for the aforesaid purpose. Accordingly, the writ petition is disposed of by directing the petitioner to approach the Certificate Officer, respondent No.3. who shall consider the same and raise the demand after fixation of the amount after hearing both the parties.;
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