MURLIDHAR SOHANLAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS writ application has been filed for quashing Certificate Case No. 1 of 1982 -83, pending before District Certificate Officer, Saharsa, respondent no. 3, and orders contained in annexures 5, 7 and 8 passed by him in the said certificate case. By order contained in annexure 5, petitioner 's objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter to be referred to as 'Act ') has been rejected and by order contained in annexure 7 petition for review of the aforesaid order has been rejected. By order contained in annexure 8 Order has been passed for issuing distress warrant and body warrant against the petitioner for non -payment of the certificate dues.

(3.) FROM a bare perusal of the aforesaid provision, it would appear that dues of the respondent Corporation can be realised through a certificate proceeding and treated as public demand if the person liable to pay the same has agreed by a written instrument that it shall be recoverable as public demand. In the present case, the petitioner has categorically stated in the writ application that no such agreement has been entered into by the petitioner with the respondent Corporation.