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2023 Supreme(Jhk) 664

RAJESH SHANKAR
Ashok Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shresth Gautam, Advocate
For the Respondent:Mr. Abhinay Kumar, Dr. Ashok Kumar Singh, Advocate.

JUDGMENT :

1. The present writ petition has been filed for quashing the entire proceeding of Certificate Case no.2287 of 2022-23 including the notice dated 17th November, 2022 issued under the signature of the District Certificate Officer, Palamau- respondent no.6 for recovery of an amount of Rs.1,95,44,228.50 from the petitioner. Further prayer has been made for quashing the order as contained in letter no.68 dated 15th March, 2023 issued under the signature of the respondent no.6, whereby the petitioner has been directed to deposit at least 25% of the certificate amount before 27th March, 2023 through challan. The petitioner has also prayed for a declaration that the certificate proceeding under the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter to be referred as ‘the Act, 1914’) can only be initiated for recovery of such claims/demands, which fall within the definition of ‘public demand’ as provided under Section 3(6) of the said Act.

2. The petitioner has also filed an interlocutory application being I.A. No.4523 of 2023 seeking amendment in the writ petition, primarily challenging the order dated 27th April, 2023 passed by the respondent no.6 in Certificate Case

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