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2008 Supreme(Pat) 440

NAVANITI PRASAD SINGH
Dharmendra Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner is proceeded against under the provisions of the Public Demands Recovery Act for alleged mining dues. It is alleged that he illegally operated a brick-kiln and, as such, was liable to pay royalty and other charges. Having not paid the same, the present certificate proceedings were initiated. Petitioner filed his objections but without adjudicating thereupon, the Certificate Court rejected the objection and directed payment of the amount failing which warrants were to be issued. It is now submitted that on 3.1.2008, non-bailable warrant of arrest has been issued pursuant to the order dated 27.9.2007 passed by the Certificate Court. Counter affidavit has been filed wherein it has been stated that orders having been passed by the Certificate Court, the same is appealable and, as such, writ petition should not be entertained. It was further submitted on behalf of respondents that theft of minor mineral having been discovered, demands were raised. Petitioner submits that the impugned order dated 27.9.2007 would show that notwithstanding petitioners objection, there was no adjudication whatsoever. It is then submitted that the very assessment which has formed th


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