IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6181 of 2007
B.S.R.T.C., Ranchi ...... Petitioner
Vrs.
State of Jharkhand & ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the petitioner: Mr. P.P.N.Roy, Sr.Advocate
For the State: J.C. to S.C.-III
For respondent no.3: Mr. P.R.Bhagat, Advocate
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04/ 18.11.2008
This writ petition has been filed for issuance of an
appropriate writ, order or direction for quashing the order dated
17.9.2007, passed by the learned District Certificate Officer
(Panchayat Branch), Hazaribagh, in Certificate Case No. 10 of
1995-96, whereby and whereunder, the objection preferred by
the petitioner has been dismissed and an order has been
passed to deposit the entire award amount within a fortnight
along with statutory interest.
Learned counsel for the petitioner submits that there is
an error on record with regard to the principal amount, which is
Rs.21,000/- and the interest payable on it should be at the rate
of 12% per annum in accordance with Section 17 of the Act.
Learned counsel for respondent no.3 submits that the
dues are with effect from 1987 and even though the principal
amount is Rs.21,000/- but the petitioner committed default in
payment and was accordingly saddled with an interest of 18%
per annum and it is in these background that the interest has
been calculated on an amount of Rs.51,240/-.
However, after some argument learned counsel for the
petitioner as well as respondent no.3 agree that if the total
interest commencing from 1987 at the rate of 12% per annum
is paid within a period of two months, the claimant will be
satisfied.
Considering the aforesaid facts and circumstances of the
case, this writ petition is disposed of with a direction to the
petitioner to deposit the principal amount as well as the interest
with effect from the date of institution of the claim petition with
the claimant (respondent no.3) within a period of two month
from the date of receipt/production of a copy of this order.
(Ajit Kumar Sinha, J.)
A.K.Verma/