Disposed¶13

The Principal Bhagalpur College of Engineering v. the State of Jharkhand

Jharkhand HC12 May 2026WPC/4159/2020

Case brief

AI extract

What is this about?

Jharkhand High Court writ petition on certificate proceedings: District Certificate Officer, Ranchi order demanding 50% of demand value during pending commercial-court appeal; petitioner (college principal) had deposited 75% (Rs. 19,19,652/-) of awarded amount; High Court directed disposal of appeal within three months and suspended certificate-court action till disposal; single judge Ananda Sen; W.P.(C) No. 4159 of 2020; decided 12.05.2026.

What did the court decide?

Directions issued to the Presiding Officer, Commercial Court, Ranchi to dispose of the appeal against the final award within three months after hearing the parties, and restraint imposed on the Certificate Court from proceeding against the petitioner till the appeal is disposed of. ¶13

The Principal Bhagalpur College of Engineering Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 21.9.2020 of the District Certificate Officer, Ranchi (Misc. Case No. 24 (Misc.) 19-20) directing the petitioner to pay 50% of the demand value, despite a pending appeal, should be quashed. +1 more

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Court's answer

Certificate Court restrained from proceeding against the petitioner until the appeal is disposed of.

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Ratio / Principle

Directed the Presiding Officer, Commercial Court, Ranchi to dispose of the appeal filed against the final award passed in Case No. JHMSEFC-61/2018 (New Case No. JH/20/S/00071), preferably within three months of receipt of a copy of this order, after hearing the parties.

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Key takeaways

Expressed expectation that the parties will cooperate in the pending proceeding.obiter¶12

Detailed headnote1 paragraphs

W.P.(C) No. 4159 of 2020 (High Court of Jharkhand at Ranchi; ANANDA SEN, J.; decided 12.05.2026): Petitioner Nirmal Kumar, Principal, Bhagalpur College of Engineering, sought quashing of the order dated 21.9.2020 (Letter No. 145/Ni) of the District Certificate Officer, Ranchi in Misc. Case No. 24 (Misc.) 19-20 arising out of the award in Case No. JHMSEFC-61/18 (New Case No. JH/20/S/00071; order dated 7.6.2018, Memo No. 1518), which directed him to pay 50% of the demand value even though an appeal (Misc. Case No. 93/18) was pending. Noting the petitioner had already deposited Rs. 19,19,652/- (75% of the awarded amount) before the Presiding Officer, Commercial Court, Ranchi, the court directed that the appeal be disposed of preferably within three months after hearing the parties, expressed expectation of party cooperation, and restrained the Certificate Court from proceeding against the petitioner till disposal of the appeal; the petition was accordingly disposed of.

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2026:JHHC:14516

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4159 of 2020

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The Principal, Bhagalpur College of Engineering, Bhagalpur, Nirmal Kumar, son of late Suresh Kumar Sharma, resident of B.C. Bhagalpur Campus, P.o Sabaur, P.S. Zero Mile, District- Bhagalpur (Bihar). .... Petitioner(s). -Versus-

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State of Jharkhand

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The State of Jharkhand through the District Certificate Officer, Ranchi.

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M/s Comptek International, 1^st Floor, Subodh Granthmala Building through its proprietor, P.O GPO, P.S. Kotwali, District- Ranchi, Jharkhand.

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. … Respondent(s)

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------ CORAM : SRI ANANDA SEN, J . -----For the Petitioner(s): Ms. Rashmi Kumar, Advocate. For the State Mr. Ranjan Kumar, AC to Sr. SC-I For other respondent(s): Mr. Navin Kumar, Advocate.

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10/12.05.2026 In this writ petition, the petitioner has prayed for quashing the order dated 21.9.2020 (Letter No. 145/Ni) passed by the District Certificate Officer, Ranchi in Misc. Case No. 24 (Misc.) 19-20 (Annexure-6) arising out of Case No. 3, JHMSEFC-61/18 (New Case No. JH/20/S/00071) order passed on dated 7.6.2018 as contained in Memo No. 1518, Ranchi, whereby the petitioner has been directed to pay 50% amount of the demand value to the respondent, though the appeal pending before the learned Court of Civil Judge, Sr. Division-I, Ranchi being Misc. Case No. 93/18 for adjudication.

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Since the petitioner has already deposited the amount of Rs.19,19,652/- i.e. 75% of the awarded amount before the Presiding Officer, Commercial Court, Ranchi, which is reflected in order passed in Civil Misc. Case No. 93/2018, I direct the Presiding Officer, Commercial Court, Ranchi to dispose of the appeal, which has been filed against the final award passed in Case No. JHMSEFC-61/2018 (New Case No. JH/20/S/00071), preferably within a period of three months from the date of receipt of a copy of this order after hearing the parties.

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It is expected that the parties will cooperate in the proceeding. 4. In view of the order passed by this Court, the Certificate Court will not proceed against the petitioner till the appeal is disposed of.

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Accordingly, this petition is disposed of .

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(ANANDA SEN, J.)

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12^th May, 2026 Anu/-Cp2. Uploaded on: 14.5.2026.

The Principal Bhagalpur College of Engineering v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

The Principal Bhagalpur College of Engineering v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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