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1994 Supreme(Pat) 49

DHARAMPAL SINHA, G.C.BHARUKA
Ashok Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Sujata Mukherjee and Debanjan Choudhary.
For the State : Mr. D. N. Yadav.

JUDGMENT

G. C. Bharuka, J. - These writ applications have been filed by the petitioners for issuance of a writ of habeas corpus commanding upon the respondents District Certificate Officer, Patna (in short D.C.O.) to release them by quashing their orders of arrest and detention, which have been passed under purported exercise of the powers contained under the provisions of Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as 'the Act' only).

2. The petitioners in these writ applications are owners of public carrier Truck bearing registration Nos. BIA 8898 and BIA 9298 respectively. The District Transport Officer sent requisitions dated 28-10-92 (Annexure 3) to the respondent District Certificate Officer, for filing certificates against the petitioners as per the provisions of Sections 5 and 6 of the Act for the realisation of the alleged arrears of tax amounting to Rs. 45,854/63 against each of the petitioner for the period 1-10-89 to 309-92. The respondent D.C.O., on receipt of the said requisition, registered two certificate cases against each of the petitioners, order-sheet whereof have been filed as Annexure-4 which are identical in both the cases.

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