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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Harendra Tiwari, S/o-Gupteshwar Tiwari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
Heard learned counsel for the parties.
2. In the instant Writ application, the Petitioner has prayed for quashing of the order dated 22/10/2022 (Annexure-6); whereby final order has been passed in Certificate Case No. CIII 55/22-23 by the 2nd Respondent without considering the objection dated 23/09/2022 (Annexure-5), filed by the Petitioner u/s 9 of The Bihar and Orissa Public Demand Recover Act, 1914 (In short PDR Act).
3. Petitioner has further prayed for quashing of the order dated 20/01/2023 (Annexure-7); whereby review application preferred by the petitioner u/s 63 of PDR Act has been dismissed without hearing the petitioner.
4. The brief facts of the case as per the pleadings are that the truck of the Petitioner bearing registration no- NL01G 8964 was seized on 22.01.2022 by the Motor Vehicle Inspector, Godda and kept in Godda Police Station for violation of provisions of Motor Vehicle Act and Rule as well as Jharkhand Motor Vehicle Taxation Act along with its Rules. After seizure of the vehicle of the Petitioner, vide notice dated 28.01.2022, a sum of Rs. 18,17,950/- was demanded to be paid by the Petitioner as arrear tax including fine by the Motor V
The failure to consider objections filed under Section 9 of the PDR Act constitutes a violation of procedural fairness, necessitating quashing of the final order.
A certificate officer may also be a certificate holder, but objections regarding jurisdiction must be resolved by a non-biased officer to maintain principles of natural justice.
Failure to prefer an appeal against a rejected objection may render a writ petition not maintainable.
The statutory duty of the certificate officer to consider the objection filed by the certificate-debtor and pass an appropriate order under Section 10 of the Act, 1914.
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