MD. ISA KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) At the request of learned counsel for the petitioner, the defects pointed out by the office are ignored.

(2.) The present writ petition has been filed for quashing the order dtd. 6/9/2021 (Annexure-6 to the writ petition) passed by the respondent No.4 in Certificate Case No. 105/2019-20 whereby warrant of arrest has been issued against the petitioner for not depositing the certificate amount.

(3.) Learned counsel for the petitioner submits that the respondent No.4 has not provided due opportunity of hearing to the petitioner in the said certificate case and has arbitrarily passed the impugned order dtd. 6/9/2021 issuing warrant of arrest against him. Mr. Gaurav Raj, learned A.C to A.A.G-II appearing on behalf of the State- respondents while referring to the order sheet of Certificate Case No. 105/2019- 20, submits that during pendency of the said certificate case, the petitioner filed an application objecting the quantum of certificate amount and thereafter the respondent No.4 constituted a three-member-committee to make an enquiry and submit a report on the said aspect. The said committee, after conducting an enquiry, submitted a report and on the basis of the same, the respondent No.4 vide order dtd. 14/7/2020, rejected the said objection raised by the petitioner. Subsequently, since the petitioner did not deposit the certificate amount, the respondent No.4 passed the impugned order dtd. 6/9/2021 issuing warrant of arrest against him. Under the said circumstance, it is evident that the respondent No.4 has already passed an order under Sec. 10 of the Bihar and Orissa Public Demand Recovery Act, 1914 [hereafter referred to as 'the Act, 1914'] on 14/7/2020 against which the petitioner has not preferred any appeal.