PRABHUNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this writ application has questioned the validity of a certifieate proceeding initiated under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as 'the Act'). During the pendency of aforesaid certificate case, the petitioner was taken custody, perhaps, is purported exercise of the powers conferred on the Certificate Officer by Sec. 38 read with Sec. 40 of the said Act. According to the petitioner, his detention is without any authority in law.

(2.) It appears that in the district of Nawadah there is a Bhadauni Hat which is being settled from time to time by the State Government in accordance with the provisions of the Bihar Land Reforms Act and the Rules framed thereunder. For the year 1975-76 a public auction was held on 17-3-1975 in which the petitioner was the highest bidder, and, as such, his bid for Rs. 50,100/- was accepted by the Anchal Adhikari. who was holding the bid. The petitioner deposited the security money and came in possession of the said Hat. By 2-8-1975 the petitioner had deposited Rs. 36,900/- and during the period he was collecting the tolls. It is an admitted position that no deed of lease, as contemplated by the Bihar Land Reforms Rules, 1951 was executed by the petitioner. The petitioner, however, did not deposit the balance of the bid amount, and, as such, a requisition was filed by the Anchal Adhikari before the respondent Certificate Officer for realisation of the balance amount of Rs. 13,200/- along with the interest.

(3.) On the basis of the aforesaid requisition, the aforesaid case was registered and notice thereof was issued to the petitioner. On 14-2-1979, as a prayer being made on behalf of the Certificate Holder, a notice was issued to the petitioner to show cause as to why he should not be detained in civil prison. On 17-3-1979, the Certificate Officer passed an order for issuance of warrant of arrest against the petitioner, in execution whereof the petitioner was taken in custody on 24-6-1979, Thereafter, the present writ application was filed. At the time of admission itself, a Bench of this Court directed release of the petitioner on bail on the condition that he deposits fifty per cent of the amount due within ten days from the date of his release. It is said that pursuant to that order the petitioner has already deposited Rs. 9,455/-.