SANJAY SINGH, SON OF LATE NAYAN PAL SINGH, RESIDENT OF NEAR UPAHAR CINEMA, RATU ROAD, PO HEHAL, PS SUKHDEO NAGAR, DIST. RANCHI Vs. THE STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Challenging notice dated 25.09.2013 in Certificate Case No.176 (MR)/94-95 issuing warrant of attachment of movable and immovable property of the petitioner and seeking quashing of Certificate dated 10.08.1994, the present writ petition has been filed.

(2.) The petitioner claims that he was not running brickkiln in village Futhara Toli, Ranchi however, Certificate dated 10.08.1994 was issued for realisation of 25,000/on account of royalty, 12,500/as penalty, 2,000.00as cost of application and 900/for royalty on sand. It is stated that the said Certificate does not comply with the requirements under the Bihar and Orissa Public Demands Recovery Act, 1914. No notice under Sec. 7 of PDR Act was served upon the petitioner however, warrant of attachment was issued on 25.09.2013. The petitioner obtained copy of 'Certificate of Public Demand' and the order-sheet in Certificate Case however, the requisition made under Sec. 5 in Form No. 2 of PDR Act was not furnished to the petitioner.

(3.) Heard the learned counsel appearing for the parties and perused the documents on record.