Disposed
Radhashyam Kar v. Certificate Officer.
Orissa HCWP(C)/7077/2008
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W.P.(C) No.7077 of 2008
Conferencing.
Heard learned counsel for the parties.
Factual background involved in this case is that in spite of civil court’s decree in favor of the petitioners there has been notice in the certificate proceeding making out some public demand against the petitioners.
While claiming the demands under the Certificate Proceeding illegal, taking this Court to the notices under Annexure-4 (series) learned counsel for petitioners submits that for the development involving the Civil Court’s decree the Certificate Proceeding itself is not maintainable. It is, at this stage of the matter, looking to the provision in the OPDR Act and the nature of notice impugned herein, this Court observes, for a show cause notice having been issued against the petitioners involving the certificate case involved therein, nothing prevented the petitioners to appear before the authority and file denying liability application even taking all the grounds taken in the Writ Petition. It is, in this view of the matter and for the petitioners having scope of resisting the certificate proceeding before the competent authority, this Court on refusal to entertain this Writ Petition at this stage observes, in the event the certificate proceeding is still pending for adjudication, it would be open to the petitioners to produce copy of this order along with denying liability application before the competent authority within a period of two weeks hence. Further, in the event the certificate proceeding is pending and an
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objection/denying liability application, as directed, is filed in time, the Certificate Proceeding shall be disposed of taking into account the objection/ denying liability application to be filed by the petitioners.
With the aforesaid observation and direction the Writ Petition stands disposed of.
In view of disposal of the Writ Petition interim order passed earlier stands vacated.
As restrictions are continuing due to COVID-19, learned counsel may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
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(Biswanath Rath, J.)
Ayas
BISWANATH RATH, J.
As recorded by the court registry
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