IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 5618 of 2014
M/s. Hotel Ranchi Ashok through its G.M., Doranda, Ranchi
2. R.K.Singh, Junior Manager, Hotel Ranchi Ashok, Doranda, Ranchi ….. Petitioners
1. State of Jharkhand.
2. Deputy Commissioner cum Authorized Officer, Ranchi
3. District Certificate Officer, Ranchi …..Respondents.
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioners : Mr. Raj Mangal Singh, Adv.
For the Respondents: J. C to A.G 2/5.9.2016 Heard learned counsel for the parties.
The proceedings under Jharkhand Public Demand Recovery Act, 1914 for realization of dues of Rs. 3 lakhs as fine being Certificate Case no. 25(Penalty)1314 is pending, in which notices under Section 7 of the Act have been issued to the Manager of PetitionerFirm. The order imposing the fine of Rs. 50,000/ on the petitioners and 2.5 lakhs on Bihar State Milk Cooperative Federation Ltd. Ranchi by Deputy Commissioner, Ranchi in Food Safety & Standards Case No. 03/201213 dated 10th January, 2014
(Annexure1) the basis for the recovery proceeding, was subjectmatter of challenge by the petitioner in W.P.(C) No. 1057 of 2014 (Annexure2).
By the judgment dated 7th July, 2014, the order dated 10th January, 2014 relating to quantum of fine was set aside and the matter was remanded to Respondent no. 2, Deputy CommissionercumAdjudicating Officer, Ranchi, so that he may pass a fresh order in accordance with law, taking into account the provisions of Section 49(a)(e) of Food Safety and Standards Act, 2006. Despite that, notices were issued upon the petitioners to respond in the recovery proceeding on 26th August, 2014, impugned herein. Therefore, they have has approached this Court as there are no basis for continuing with the recovery proceedings till the time a fresh order is passed on the question of liability of the petitioners and any fine imposed.
As per the stand of the respondents brought on record through counter affidavit, the certificate proceeding initiated by virtue of earlier order dated 10th January, 2014 has been kept in abeyance till further order of learned Deputy Commissioner, Ranchi.
Having considered the submissions of the parties in the light of relevant materials facts pleaded, the pendency of the recovery proceeding in the light of the order dated 10th January, 2014 passed by Deputy Commissioner – cumAdjudicating Officer, Ranchi having been set aside by learned Single Judge of this Court in W. P. (C) No. 1057 of 2014, is without any basis in the eye of law. It is another matter that upon fresh determination and an order passed by Deputy Commissioner cum Adjudicating Officer, Ranchi, if any, liability is imposed upon the petitioners, he may proceed to recover the same through the Public Demand Recovery Act, if not paid within the time prescribed. However, the impugned notice in such circumstances cannot survive when there are no basis for the recovery proceedings to continue.
Accordingly, the impugned notice and the entire proceeding pending before respondent no. 3, District Certificate Officer, Ranchi is quashed. Respondent no. 2 however is at liberty to proceed a fresh in accordance with law in case of a fresh liability being determined after remand in terms of the order passed in W. P. (C ) No. 1057 of 2014 dated 7th July, 2014.
The writ petition is accordingly allowed.
(Aparesh Kumar Singh,J)