GITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for issuance of appropriate writ in the nature of certiorari for quashing the entire certificate proceeding being Certificate Case No.MVT 499 of 1994 - 95 including the order dated 16.10.97 as contained in Annexure 3 to the writ application.

(2.) THE petitioner 'scase is that she is an old widow of late Kali Prasad Agrawal who died on 23.5.83. When the petitioner was out of station in the month of June, 96 she learnt that notice of the certificate proceeding in the name of her late husband was posted at her door. She made enquiry and got the relevant documents from the concerned office. She came to know that for the arrears of motor vehicle tax in respect of truck No.BHR 6719 for the period from 1.7.78 to 31.3.93 a certificate proceeding was initiated against her late husband on 21.6.93. Petitioner 'sfurther case is that she in good faith filed an application before the respondent no.2, the Certificate Officer on 7.8.96 stating true state of affairs and prayed to drop the proceeding on the ground that the proceeding against a dead person was not maintainable. It is alleged that the Certificate Officer, without verifying the legal position in terms of the impugned order dated 16.10.97 rejected the petition of the petitioner treating it to be an objection and directed the petitioner to deposit the amount by 31.10.97, failing which distress warrant will be issued.

(3.) I have heard Mr. A.K.Lal learned counsel for the petitioner and learned JC to GA.