IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.6062 of 2016
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Central Coalfields Limited, a Company incorporated under the
Companies Act, having its registered Office at Darbhanga House,
P.O.-Ranchi University, P.S.-Kotwali, District-Ranchi (Jharkhand),
through Sri Uma Shankar Singh, son of Sri R.P.Singh presently
working and posted as Project Officer, Tapin North Colliery,
P.O. Tapin, P.S.-Charhi, District-Ramgarh (Jharkhand) …. …. Petitioner
Versus
1. The State of Jharkhand
2. District Transport Officer Cum Certificate Officer,
Hazaribagh, P.O.& P.S.-Hazaribagh, District-Hazaribagh
(Jharkhand) …. …. Respondents
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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Amit Kumar Das, Adv.
Mr. Sahay Gaurav Piyush, Adv.
For the Resp.-State : Mr. Rahul Saboo, GP-II
: Mr. Gaurang Jadodia, AC to GP-II
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st
05/Dated: 31 July, 2024
1. Heard learned counsel for the parties.
2. The present writ petition has been filed for following relief:-
“For issuance of appropriate writ(s)/ order(s)/ direction(s) quashing
the entire certificate proceeding being Certificate Case No.257/15-16
including the order dated 16.09.2016 (Annexure-5 series) issued by
respondent No.2 whereby and whereunder he has been pleased to
issue arrest warrant for realization of demanded amount under
certificate against the petitioner.”
3. It appears that the issue involved in the present writ petition is covered
by the order dated 11.03.2015 passed in W.P.(C) No.3782 of 2013 and batch
cases.
4. In that view of the matter, the entire proceeding in Certificate Case
No.257/15-16 including the order dated 16.09.2016 (Annexure-5 series)
issued by the respondent No.2 is, hereby, quashed and set aside.
5. However, it is open to the State Government to resort to appropriate
legal proceeding in terms of the Motor Vehicle Act, 1988 realising fine for
contravention of the provision of the Act. It is made clear that this Court has
not examined the merit of the case so far as the culpability of the petitioner
for the alleged violation of the provision of the Motor Vehicle Act, 1988 is
concerned.
6. With above observation, the present writ petition stands allowed and
disposed of.
(Rajesh Kumar, J.)
Shahid-
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W.P. (C) No.6062 of 2016