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1976 Supreme(Ori) 50

P.K.MOHANTY, R.N.MISRA
BISWANATH BHUKTA – Appellant
Versus
EXECUTIVE OFFICER, TALCHER MUNICIPALITY – Respondent


Advocates Appeared:
A.K.Padhi, J.Patnaik, P.PALIT

R. N. MISRA, J.

( 1 ) JAJANGI Hat is a municipal market located within the Talcher Municipal area in the district of Dhenkanal. The Executive Officer of the said Municipality settled the said market on licence basis with the petitioner for the years 1965-66 and 1967-68. Petitioner having failed to pay up the dues, the Certificate Officer of talcher instituted certificate case No. 29 of 1969-70 for the recovery of the outstanding sum. Petitioner challenged the tenability of the certificate proceeding on several grounds, but the Certificate Officer overruled the same. Petitioner carried an appeal to the Collector of Dhenkanal and being unsuccessful moved the Revenue Divisional Commissioner at Sambalpur in revision and having failed before that authority moved the Member, Board of revenue, in a further revision who also dismissed his revision petition. This writ application has thereafter been filed asking for a writ of certiorari for quashing of the certificate proceeding.

( 2 ) THOUGH several contentions had been raised in the writ application, one single question has been, canvassed before us as pleaded in paragraph 13 of the writ application in the main and that ground is that t
























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