MD SHAHIN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SEEKING quashing of Certificate Case No. C.C. III 196/201112 pending in the court of Certificate Officer, Godda and quashing of order dated 30.07.2012 passed by the Certificate Officer whereby, bailable warrant has been issued against the petitioner, the petitioner has approached this Court.

(2.) THE brief facts of the case are that, the father of the petitioner namely, Late Md. Manzoor Alam @ Khan started a family business of watch shop in the name and style of M/s United Watch Company now M/s New Bombay Watch at Godda. The father of the petitioner took loan in the name of the petitioner in which his father stood as a guarantor. After the death of his father on 01.03.2008, the brothers of the petitioner and his mother namely, Masomat Zarina Begam inherited the ancestral properties. On a requisition under Section 5 of the Bihar and Orissa Public Demands Recovery Act, 1914, a proceeding was initiated vide Certificate Case No. 196 of 201112 for recovery of a sum of Rs. 9,67,538/ before the Certificate Officer, Godda. A notice dated 09.05.2011 was issued to the petitioner thereafter, for a lesser amount of Rs. 9,39,640/ and in the said proceeding vide order dated 30.07.2012, a bailable warrant has been issued against the petitioner.

(3.) A counteraffidavit has been filed on behalf of the respondent nos. 1 and 2 denying the averments in the writ petition. It is stated that the petitioner is the loanee and therefore, he is liable to make payment of the loan amount.