LAWS(PAT)-1999-1-66

BIRENDRA KUMAR MEHTA Vs. STATE OF BIHAR

Decided On January 11, 1999
Birendra Kumar Mehta Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The grievance of the petitioner in this writ petition appears to be that without deciding his objection under Section 10 of the Bihar & Orissa Public Demands Recovery Act on interim order has been passed directing him to deposit Rs. 30,000/ -.

(2.) It appears that the petitioner went in revision which was rejected on the ground of his not depositing 40% of the certificate amount it is alleged that thereafter the Certificate Officer has proceeded to take coercive action for realizing 40% of the amount.

(3.) A counter affidavit has been filed on behalf of Respondent No. 2 State Bank of India, Jainagar Branch. In the counter affidavit, it is not disputed that coercive action has been taken against the petitioners for his not depositing 40% of the amount. However, none has appeared on behalf of the Respondent Bank.