HALDHAR PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is faced with a proceeding under the Public Demand Recovery Act being Certificate Case No. 4 of 2005 -06 before the Certificate Officer, Madhepura for recovery of Rs. 71,685/ -as the dues of road tax and penalty etc. on the trailer of his tractor bearing registration no. BR 43A -0127. The certificate proceeding was initiated on 24.6.2005 and a notice under Section 7 of the P.D.R. Act was directed to be issued on that date. Though the next order dated 17.2.2006 records the service of notice to the certificate debtor, according to the petitioner no notice under Section 7 was ever served on him.

(2.) BE that as it may, counsel for the petitioner submitted that before the certificate proceeding was initiated the State Government had issued a notification dated 19.5.2005 containing a scheme of amnesty with regard to the tractors and trailer used by farmers for cultivation work. The amnesty scheme was given great importance by the State Government so much so that the notification was 1/1/2013 Page 1 Suman Kumar Verma Versus Union Of India sent to all the Divisional Commissioners, District Magistrates and the District Transport Officers alongwith a circular letter dated 3.6.2005 issued by the Commissioner -cum -Secretary, Department of Transport, Government of Bihar. In the circular letter it was directed that the amnesty notification should be given wide publication so that the concerned farmer may take its benefit.