SANJAY KUMAR KHEMKA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The grievance of the petitioner is that without serving any notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act (hereinafter to be referred as the said Act), the Certificate Officer, Dhanbad has not only determined the liability under Section 10 of the said Act, he has also issued distress warrant against the petitioner by order dated 14.5.2012.

(2.) Learned counsel appearing on behalf of the petitioner submitted that the impugned order issuing the distress warrant without following the mandatory procedure, as laid down under Sections 7, 9 and 10 of the Bihar and Orissa Public Demand Recovery Act is wholly illegal, arbitrary and is liable to be quashed.

(3.) The writ petition has been opposed by the respondents by filing counter affidavit. It has been stated, inter alia, that the certificate was received from Uttar Pradesh and notice was issued to the petitioner-certificate debtor, but he had been evading appearance before the Certificate Officer. After the notice was served and no objection was received, the Certificate Officer has passed the said impugned order. There is no illegality or infirmity in the order and no ground is made out for interference with the said order.