JAGDISH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India for issuance of writ of certiorari for quashing of order dtd. 3/1/2013 passed by the Respondent No.2 directing issuance of bailable warrant inter alia on the ground that the objection filed under Sec. 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter to be referred to as the Act, 1914) has still not been decided and during its pendency the aforesaid bailable warrant of arrest has been issued.

(2.) The short issue which has been raised on behalf of the petitioners questioning the jurisdiction of the Certificate Officer as to whether by keeping the objection required to be filed under Sec. 9 of the Act, 1914, the Certificate Officer can come out with the bailable warrant of arrest for recovery of the requisitioned amount as requisitioned by the concerned authority by way of public demand.

(3.) Learned counsel appearing for the petitioners has submitted that the statutory provision as contained under the Act, 1914 contains a provision that whenever a public demand is being decided to be recovered, the same will be forwarded before the Certificate Officer by the concerned competent authority for its recovery and thereafter, the Certificate Officer will issue a notice under Sec. 7 of the Act, 1914 enabling the concerned certificate debtor to file objection under Sec. 9 of the Act, 1914. The notice has been issued under Sec. 7 of the Act, 1914 which has been replied by making objection said to have been filed under Sec. 9 of the Act, 1914 on 25/11/2010 and while keeping the same pending, the Certificate Officer has come out with the bailable warrant of arrest on 16/1/2013, being aggrieved with the same, the instant writ petition has been filed invoking the jurisdiction of this Court conferred under Article 226 of the Constitution of India.