MD. SAHABBUDIN S/O MD. CHANU MIAN RESIDENT OF VILLAGE; Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, BIHAR, PATNA.

JUDGEMENT

(1.) I have heard learned counsel for the petitioner, the State and the Special P.P.(Mines).

(2.) Petitioner seeks quashing of the entire certificate proceeding in Certificate Case No. 24/2013-14 pending before the Assistant Director, Mines and Geology Department, Gaya and also for quashing of all the consequential orders passed in Certificate Case No. 24/2013-14 by which Warrant of Arrest and Warrant of Attachment have been issued against the petitioner for non-payment of the certificate amount arising out of Requisition No. 25/2013-14.

(3.) Petitioner claims that he was never running a brick kiln and, thus, the respondents are not entitled to recover any amount from him. Learned counsel further submits that everything is being done for recovery of Rs. 96,000.00 under the provisions of section 7 of the Bihar and Orissa Public Demands Recovery Act (hereinafter to be referred to as the Act ) from the petitioner without following the procedure and service of notice upon him.