MAHENDRA KAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) From perusal of the affidavits it appears that it is a fit case where, instead of directing the petitioner to avail alternative remedy, this Court should dispose of this writ application on merits.

(3.) The petitioner, as an agent under Jawahar Rojgar Yojna Scheme, was allotted certain tender for execution of repairing works. While the work was in progress, it was suddenly stopped by the District Development Commissioner, Singhbhum East and a direction was issued to the S. D. O. Ghatshila to initiate a certificate proceeding. Accordingly requisition was sent to the Collector for a recovery of a sum of Rs. 48,313.00 from the petitioner. The Certificate Officer, Ghatshila issued notice under S. 7 of the P.D.R. Act calling upon the petitioner to file objection under S. 9 of the Act. The petitioner, accordingly, filed objection under S. 9 of the Act. The Certificate Officer, instead of deciding the objection of the petitioner on merit, held that there is clear cut direction from the Deputy Commissioner to recover the certificate amount by the said 4 certificate proceeding. In view of the direction of the Deputy Commissioner for recovery of the certificate amount, the Certificate Officer rejected the objection and proceeded for issuance of distress warrant.