ORDER

03.04.2023

1. Heard Mr. M.H. Laskar, learned counsel for the petitioner, who submits that the Bakijai Case No.DCNLP/FOR/4/2021 initiated against the petitioner should be set aside. He also prays for setting aside the warrant of arrest dated

09.03.2023.

2. The petitioner’s counsel submits that the Certificate issued by the respondent no.4 under Section 7 of the Bengal Public Demands Recovery Act, 1913, hereinafter referred to as the “1913 Act” has been made for recovery of Rs.20,70,143/-. Though the petitioner submitted his reply dated 22.11.2021 to the notice dated 21.09.2021, issued by the Certificate Officer, North Lakhimpur under 1913 Act, the same has not been considered by the respondent no.4.

3. The petitioner’s counsel submits that the reply submitted by the petitioner had been made within 30 (thirty) days from the date of receipt of the notice. He submits that no hearing had taken place or evidence recorded by the respondents, in compliance with Section 9 & 10 of the 1913 Act. He thus submits that the warrant of arrest dated 09.03.2023, issued by the Certificate Officer, Deputy Commissioner’s Office, North Lakhimpur on 09.03.2023, to be executed by the Officer-in-Charge, B