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2021 Supreme(Jhk) 564

RAJESH SHANKAR
Abhyanand Bhagat – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shailendra Kumar Singh.
For the Respondent: Mr. Mohan Kumar Dubey.

ORDER :

1. The present writ petition has been filed for quashing the entire certificate proceeding of Certificate Case no. 27 of 2014-15 including the orders dated 11th September, 2015 and 9th April, 2019, whereby the respondent no. 3 has issued warrant of arrest and distress warrant, respectively, against the petitioner without disposing of the petitioner’s objection filed under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter to be referred as ‘the Act 1914’). Further prayer has been made for quashing the distress warrant issued by the respondent no. 3 against the petitioner vide memo no. 434 dated 27th December, 2019.

2. Heard learned counsel for the parties and perused the materials available on record.

3. The specific case of the petitioner is that pursuant to issuance of notice under Section 7 of the Act, 1914, the petitioner filed objection under Section 9 of the said Act on 11th June, 2014 before the respondent no. 3 in Certificate Case no. 27 of 2014-15, however, the said respondent without disposing of the said objection straightaway passed the orders dated 11th September, 2015 and 9th April, 2019 for issuance of warrant of arrest and distress

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