SARJU PRASAD MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The writ petition of the petitioner being WP(C) No. 3695 of 2009 has been dismissed vide order dated 13 th November, 2009. The Letters Patent Appeal of the appellant is liable to be dismissed, not only on the ground that the writ petitioner is challenging the proceeding undertaken in the year 1993 under statutory provisions of Bihar and Orissa Public Demands Recovery Act, 1914 by filing the writ petition in the year 2009, which is delayed by about 16 years, with the plea that a public demand has been raised without notices being served upon the writ petitioner and therefore, the writ petitioner could not get any opportunity to contest the said demand and he had also no knowledge of the same, therefore, he cannot be non suited because of not challenging the proceedings of the year 1993.

(3.) The explanation given for the delay is liable to be rejected because of plain and simple reason that in the order-sheet, which has been placed on record by the writ petitionerappellant, clearly indicate that several efforts were made to serve the notices upon the writ petitioner and in the ordersheet 2. dated 2 nd November, 1993 it has been clearly noticed that the petitioner refused to accept the notices and thereafter an order was passed raising demand against the petitioner for Rs.3,33,741/-.