VIVEK PRATAP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India whereby and whereunder the order dated 17.02.2015 passed in Certificate Case No. 120/B/2014-15 has been sought to be quashed since according to the petitioner the said certificate has been issued without any application of mind as would be appearing from the certificate issued by the Certificate Officer, which bears no signature of the Certificate Officer.

(2.) According to the petitioner as per the requirement stipulated under Section 6 of the Bihar and Orissa Public Recovery Demands Act, 1914 (herein after referred to as "the Act, 1914), the Certificate Officer is able to apply its mind before issuing certificate and the application of mind can only appreciated if the Certificate Officer would put his signature in the said certificate.

(3.) Mr. P.A.S. Pati, learned counsel appearing for the petitioner has submitted that since notice under Section 7 of the Act, 2014 has been issued without any application of mind by the Certificate Officer, as required and stipulated under the provisions of Section 6 of the Act, 1914, therefore, the subsequent action of the Certificate Officer is said to be null and void on the basis of principle that if the foundation is illegal the consequences will be be allowed to proceed.