RANCHI, India, March 28 -- Jharkhand High Court issued the following order on Feb. 24:

1. Heard the parties.

2. The present writ petition has been filed for the following reliefs:-

"For quashing the orders dated 21.11.2023 passed by the respondent no.4 in Certificate Cases No.02 to 05 of 2023-2024 (Annexure-5 Series) whereby the petitioners have been directed to pay an amount of Rs.2,55,293/-, Rs.2,55,393/-, Rs.1,27,696/-, Rs.1,27,696/- respectively under the threat of steps under the provisions of the Public Demand Recovery Act, 1914."

3. The description of land is as follows:-

"An area of 0.381 acre appertaining to Plot No.1321 under Khata No.28 in Mouza-Dantu in favour of Baldev Nayak and others including the petitioners."

4. It appears that the Award has been made in favour of the co-sharers and on the partition, the amount has been distributed among the co-sharers.

5. It further appears that thereafter some dispute has arisen between the co-sharers.

6. To resolve such dispute, specific provision has been made by the Parliament which is Section 3H(4) of the National Highways Act, 1956. Section 3(H)4 of the National Highway Act, 1956 reads as under:- "3H- Deposit and payment of amount- (1) ......................... (2) ......................... (3) ......................... (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated."

7. Instead of invoking such section or referring the dispute, the authority has himself taken the task of recovery of the amount through the Bihar and Orissa Public Demand Recovery Act, 1914. Even it is not a public demand and as such no procedure under the said Act can be initiated.

8. Thus, the entire exercise of the respondents are wholly without jurisdiction.

9. In view of above discussion, this Court feels that the respondents must be directed to refer the dispute for resolving the inter se dispute between the parties.

10. Accordingly, the impugned orders dated 21.1.2023 passed in Cetificate Cases No.02 to 05 of 2023-2024 (Annexure-5 Series) by the Respondent No.4 i.e. the District Certificate Officer, Bokaro are, hereby, quashed and set aside.

11. The matter is remitted back to the respondent No.3 for reference to the competent court as per the mandate of Section 3(H)4 of the National Highways Act, 1956.

12. Pending I.A., if any, also stands disposed of

Disclaimer: Curated by HT Syndication.