LAWS(PAT)-2022-3-81

SHIV RANJAN KUMAR Vs. STATE OF BIHAR

Decided On March 21, 2022
SHIV RANJAN KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) By this writ application, the petitioner has sought quashing of the entire proceedings arising out of Certificate Case No. 3 of 2021-2022, including the notice dtd. 14/7/2021 issued under Sec. 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 ( for short ..the Act..). The petitioner has also sought a direction restraining the respondents from proceeding further with the Certificate Proceedings.

(2.) It is submitted by Mr. Prabhat Ranjan, learned counsel for the petitioner that the amount of Rs.13,53,362.00, which is sought to be recovered, as a ..public demand.. within the meaning of Sec. 3(6) of the Act, is not a public demand.

(3.) In view of the said submission, it is considered useful by this Court to reproduce Sec. 3(6) of the Act which defines "public demand".