AMITAV K.GUPTA,J. - (1.) I.A No. 6483/2017 In this interlocutory application, the petitioner seeks amendment in the prayer of the writ application by incorporating the prayer for quashing the order dated 01.08.2017 (Annexure-1 of the interlocutory application). It is submitted that the writ was filed praying for a direction/order for quashing the letter No. 353 dated 24.08.2016 (Annexure-6 of the writ petition) issued by the District Cooperative Officer, Pakur, in pursuance of the Resolution No. 1 dated 01.08.2016 (Annexure-7). That by the aforesaid letter (Annexure-6), the District Cooperative Officer, Pakur, directed the petitioner cooperative society to deposit a sum of Rs. 47,17,860/as cost for the the paddy, weighing 3346, quintals, lying with the petitioner.
(2.) Learned senior counsel has submitted that during the pendency of the writ application, the Additional Collector-cum-Certificate Officer, Pakur, initiated Certificate Case No. 46/1617 for recovery of the aforesaid amount from the petitioner society and one Ravindra Kumar Thakur, the authorized representative of M/s. Shree Shakambari Industries Pvt. Ltd., inspite of the fact that the writ with respect to the subject matter was pending for adjudication before this Court. That the District Cooperative Officer filed a requisition before the Certificate Officer on 25.10.2016 for recovery of the aforesaid amount from Shyamal Kant Saha and Shri Ravindra Kumar Thakur, Annexures-2 and 2/1.
(3.) It is submitted that it would be evident from the imugned order that liability to pay the aforesaid amount has been jointly fixed upon the rice mill and the petitioner cooperative society (LAMPS). It would be evident that no conclusive finding has been recorded regarding the definite amount which is to be recovered from the respective parties. In fact, the order has been passed without apportionment of the liability with respect to the amount to be paid by the respective parties.;