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2002 Supreme(Jhk) 516

M.Y.EQBAL
Beni Prasad Mohta – Appellant
Versus
Union Of India – Respondent


ORDER

M.Y. Eqbal, J.

1. Heard the counsel for the parties.

2. In this writ application the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the notice dated 12.4.1998 and 19.8.1999 as contained in annexures 5 and 5/A respectively. By the said notices the respondents, namely, Revenue Recovery Officer, Employees State Insurance, called upon the petitioner to remit to sum of Rs. 51,252 p.

3. It appears that certain amount was sought to be recovered from the petitioner under the Employees State Insurance Act. After the liability was fixed in 1988, a certificate proceeding was initiated being Certificate Case No. 6 (OD) 87-88 before the Certificate Officer, Ranchi. The said certificate case was contested by the petitioner by filing objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act denying its liability for payment of any amount whatsoever, allegedly assessed under the Employees State Insurance Act. The Certificate Officer, after giving sufficient opportunity to the respondents, and ultimately dropped the proceeding on 2.8.1989. After about 9 years the impugned notices were again issued by the respondents for recovery of the amo


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