Failure to prefer an appeal against a rejected objection may render a writ petition not maintainable.

JUDGMENT :

1. At the request of learned counsel for the petitioner, the defects pointed out by the office are ignored.

2. The present writ petition has been filed for quashing the order dated 06.09.2021 (Annexure-6 to the writ petition) passed by the respondent No.4 in Certificate Case No. 105/2019-20 whereby warrant of arrest has been issued against the petitioner for not depositing the certificate amount.

3. Learned counsel for the petitioner submits that the respondent No.4 has not provided due opportunity of hearing to the petitioner in the said certificate case and has arbitrarily passed the impugned order dated 06.09.2021 issuing warrant of arrest against him.

4. Mr. Gaurav Raj, learned A.C to A.A.G-II appearing on behalf of the State-respondents while referring to the order sheet of Certificate Case No. 105/2019-20, submits that during pendency of the said certificate case, the petitioner filed an application objecting the quantum of certificate amount and thereafter the respondent No.4 constituted a three-member-committee to make an enquiry and submit a report on the said aspect. The said committee, after conducting an enquiry, submitted a report and on the basis of the same, the respondent No.4 vide order dated 14.07.2020, rejected the said objection raised by the petitioner. Subsequently, since the petitioner did not deposit the certificate amount, the respondent No.4 passed the impugned order dated 06.09.2021 issuing warrant of arrest against him. Under the said circumstance, it is evident that the respondent No.4 has already passed an order under Section 10 of the Bihar and Orissa Public Demand Recovery Act, 1914 [hereafter referred to as ‘the Act, 1914’] on 14.07.2020 against which the petitioner has not preferred any appeal.

5. On perusal of the order dated 14.07.2020 passed by the respondent No.4 in the said certificate case, it would be evident that the petitioner’s objection raised against the certificate amount has already been rejected. Since the petitioner has not preferred appeal under Section 60 of the Act, 1914 against the said order, I find no reason to interfere with the impugned order dated 06.09.2021 passed by the respondent No.4 issuing warrant of arrest against him. I find justification in the said submission of learned counsel for the respondents.

6. The present writ petition is accordingly dismissed as not maintainable at this stage.

7. The petitioner is however at liberty to prefer an appeal against the order dated 14.07.2020 passed by the respondent No.4 in Certificate Case No. 105/2019-20.