- (1.) HEARD learned counsel for the parties.
(2.) LEARNED counsel for the respondentJharkhand State Agriculture Product Marketing Board states that the issue raised in the present writ application here was also agitated in another group of writ petitions, which were finally decided by the Hon'ble Supreme Court of India in Civil Appeal No. 8321 of 2004 and Civil Appeal No. 7578 of 2004 in the case of M/s. Jagdish Singh & Sons and others Vrs. Agricultural Produce Marketing Committee & others. The short question which was required to be decided has been settled by the Hon'ble Supreme Court on 22.9.2010 wherein the action of the respondentBoard to realise enhanced rent has been upheld but it has been made clear that the revised rent would be recoverable from 1.9.1999 onwards. The aforesaid judgment arises out of the Division Bench Judgment of this Court in L.P.A. Nos. 590, 797, 799 of 2001 and 294/2002 and 1168 of 2003, wherein the Division Bench of this Court upheld the action of the respondent authoritiesBoard to enhance the rent of the shops in question to be effected before 1.4.1999. The petitioners herein have moved this Court being aggrieved by the notice of the certificate of public demand under Sections 4 & 6 of the Jharkhand & Orissa Public Demand Recovery Act, 1914 for Rs. 1,00,639/ alleging that they had vacated the shop in question in the year 1996 which was also allotted to another person in the year 1996 to the knowledge of the petitioners as such the petitioners were aggrieved, as according to them, the impugned demand has been raised without application of mind. However, the respondents have submitted that the petitioners are entitled to take all such pleas at the appropriate stage before the Certificate Officer under the provisions of the Act of 1914 specifically Section 9 in respect of C.C.(M.F.T) Case No. 40/200203, which has not yet been passed and the proceedings are still pending. In view of the aforesaid facts and circumstances, the petitioners are allowed liberty to approach the respondent no.2, Certificate Officer, Dhanbad in connection with C.C.(M.F.T) Case No. 40/200203 by filing his objection taking all such pleas, which they are legally entitled to raise under the law within a period of three weeks. The Certificate Officer, Dhanbad (Respondent no.2) shall thereafter proceed, in accordance with law and pass appropriate order.
(3.) IT is, however, made clear that since the petitioners have been allowed to appear before the Certificate Officer, Dhanbad within a period of three weeks, no coercive steps shall be taken against them till their appearance within the time stipulated above. With the aforesaid liberty and observations/directions, this writ petition is disposed of.;