LAWS(JHAR)-2015-5-155

SANJAY SINGH Vs. STATE OF JHARKHAND

Decided On May 06, 2015
SANJAY SINGH Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Challenging order dated 15.01.2013 in Certificate Case No.31(MR)1993-94 whereby, warrant of attachment has been ordered by the Certificate Officer and seeking quashing of Certificate dated 23.07.1993, the present writ petition has been filed.

(2.) The petitioner claiming himself an unemployed graduate is aggrieved by the initiation of Certificate Case No.31(MR)1993-94. It is stated that the petitioner was never running brickkiln in village Chatakpur, Ranchi. The Certificate dated 23.07.1993 issued for realisation of Rs.25,000.00 on account of royalty, Rs.12,500.00 as cost of mineral, Rs.2,000.00 as cost of application and Rs.900.00 for royalty on sand, does not comply with the requirement 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 ordered on 15.01.2013. 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.