BHARAT NISHAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application, the petitioners have prayed for quashing the order dated 26th August, 2006, whereby the Certificate Officer has illegally issued distress warrant against the petitioners without determining the objection filed by them under Sec. 9 of the Bihar and Orissa Public Demand Recovery Act (hereinafter to be referred as the 'Act ').

(2.) IT has been stated that after receipt of notice under Sec. 7 of the Act served on the petitioners, they appeared and filed their objection under Section 9 of the Act. The Certificate Officer has not considered the said objection and ' not passed any order.

(3.) LEARNED JC to SC III, on the other hand, submitted that the objection filed by the petitioners, in fact, is no objection under Sec. 9 of the Act and the petitioners have only expressed their inability to pay the certificate amount, unless and until they are given opportunity for disposing of their vehicles. It has been submitted that since there was no denial of liability and nothing was to be determined, the Certificate Officer has passed the impugned order for executing the certificate. There is no illegality or arbitrariness in the order of the learned Certificate Officer.