SUJIT NARAYAN PRASAD
Jagdish Mahto, son of Late Sripati Mahto – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
This writ petition is under Article 226 of the Constitution of India for issuance of writ of certiorari for quashing of order dated 03.01.2013 passed by the Respondent No.2 directing issuance of bailable warrant inter alia on the ground that the objection filed under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter to be referred to as the Act, 1914) has still not been decided and during its pendency the aforesaid bailable warrant of arrest has been issued.
2. The short issue which has been raised on behalf of the petitioners questioning the jurisdiction of the Certificate Officer as to whether by keeping the objection required to be filed under Section 9 of the Act, 1914, the Certificate Officer can come out with the bailable warrant of arrest for recovery of the requisitioned amount as requisitioned by the concerned authority by way of public demand.
3. Learned counsel appearing for the petitioners has submitted that the statutory provision as contained under the Act, 1914 contains a provision that whenever a public demand is being decided to be recovered, the same will be forwarded before the Certificate Officer by the concerned competent auth
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