AI Overview...
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Bihar & Orissa Public Demand Recovery Act, 1914 - Writ petitions frequently challenge orders of Certificate Officers under Sections 9, 10, and 60, particularly concerning objections to recovery proceedings and certificates issued for recovery of demands such as royalties, taxes, or other dues Central Coalfields Limited vs State of Jharkhand - Jharkhand, Central Coalfield Limited vs State of Jharkhand - Jharkhand, Dinesh Chandra Gupta VS State of Jharkhand - Jharkhand.
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Section 9 of the Act - Central to many cases, it allows objections to be filed against demands. Courts have examined whether objections were properly considered, and whether orders rejecting objections or certificates were lawful Central Coalfields Limited vs State of Jharkhand - Jharkhand, Central Coalfield Limited vs State of Jharkhand - Jharkhand, Harendra Tiwari, S/o-Gupteshwar Tiwari vs State of Jharkhand - Jharkhand.
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Judicial Review under Article 226 of the Constitution - Courts have exercised their power to quash orders deemed arbitrary, illegal, or in violation of procedural safeguards, including orders for recovery or detention in civil prison, emphasizing adherence to due process Central Coalfields Limited vs State of Jharkhand - Jharkhand, Suresh Prasad Mehta VS State of Jharkhand - Jharkhand.
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Challenges to Recovery Proceedings - Several cases involve petitions against recovery notices issued under the Act, with courts scrutinizing the legality of notices, the jurisdiction of authorities, and the correctness of demands, often quashing notices that did not follow prescribed procedures State of Jharkhand through its Secretary Agriculture Department VS Haryana Seeds Development Corporation Ltd. , through its authorized signatory Kehar Singh Dabra, son of Sri Attar Singh - Jharkhand, Triloki Pandey, son of Late Rishi Pandey VS State of Jharkhand - Jharkhand.
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Procedural Safeguards - Courts have underscored the importance of following statutory procedures, especially regarding objections filed under Section 9, and have directed authorities to decide objections properly before proceeding with recovery actions Jagdish Mahto, son of Late Sripati Mahto VS State of Jharkhand - Jharkhand, Central Coalfields Limited vs State of Jharkhand - Jharkhand.
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Overall, the case law demonstrates judicial vigilance in ensuring that recovery under the Bihar & Orissa Public Demand Recovery Act, 1914, complies with constitutional and procedural standards, with courts willing to quash orders or notices that violate these principles Central Coalfields Limited vs State of Jharkhand - Jharkhand, Suresh Prasad Mehta VS State of Jharkhand - Jharkhand.
Analysis and Conclusion:
The Bihar & Orissa Public Demand Recovery Act, 1914, provides a statutory framework for recovering public demands through certificates and orders issued by designated authorities. However, judicial review under Article 226 of the Constitution plays a crucial role in safeguarding individual rights by examining the legality of recovery orders, the proper exercise of jurisdiction, and adherence to procedural requirements, especially concerning objections under Section 9. The consistent theme across cases is the courts' willingness to quash unlawful or procedurally flawed orders, emphasizing the importance of fair process in recovery proceedings.
Search Results for "Bihar Orissa Public Demand Recovery Act 1914 Writ"
2025 0 Supreme(Jhk) 1715 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
(A) Constitution of India - Article 226 - Bihar & Orissa Public Demand Recovery Act, 1914 - Writ petition filed to quash the order ... The Certificate Officer dismissed objections provided under the Act, leading to the writ. ... Paras 19, 23) ... ... Facts of the case: ... The petitioner, a government company, contested a demand ... the Bihar & Orissa #HL_ST....
2025 0 Supreme(Jhk) 1854 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
(A) Bihar and Orissa (Public Demand Recovery) Act, 1914 - Section 9 - Writ petition seeking quashing of order rejecting objections ... filed under Section 9 for a demand of royalty based on over-reported coal stock - The petitioner contended that the demand for royalty ... (Paras 26, 41) ... ... Facts of the case: ... The petitioner’s demand of royalty over alleged ... The concerned authoritie....
2018 0 Supreme(Jhk) 1378 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
Bihar and Orissa Public Demand Recovery Act, 1914 – Sections 9, 10, 60 – Certificate – Two writ petitions ... petitioner under Section 9 of Bihar and Orissa Public Demand Recovery Act, 1914 – Petitioner has also challenged the appellate orders ... petitioner challenging the entire certificate proceeding being Certificate Case ....
2025 0 Supreme(Jhk) 557 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
10-12) ... ... Facts of the case: ... The petitioner’s truck was seized for tax violations, and a demand ... 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. ... Learned Counsel further submits that as per Section 5 of PDR Act, only after requisitio....
2022 0 Supreme(Jhk) 947 • India - Jharkhand
SUJIT NARAYAN PRASAD
Constitution of India, 1950 – Article 226 – Bihar and Orissa Public Demand Recovery Act, 1914 – Section ... and Orissa Public Demand Recovery Act, 1914 has still not been decided and during its pendency aforesaid bailable warrant of arrest ... has been issued – Held, Certificate Officer is directed to decide objection filed under Section 9 of Act#HL_E....
2022 0 Supreme(Jhk) 586 • India - Jharkhand
RAVI RANJAN, SUJIT NARAYAN PRASAD
(C) No.6953 of 2013, challenging notices issued under the Bihar and Orissa Public Demand Recovery Act, 1914 (the Act, 1914) for recovery ... Demand' as per Section 3(6) of the Act, 1914 and quashed the notices issued for recovery of the amount. ... Ratio Decidendi: The court analyzed the definition of 'Public Demand....
2017 0 Supreme(Jhk) 1493 • India - Jharkhand
AMITAV K.GUPTA
& Orissa Public Demand Recovery Act, 1914. ... Amendment - Recovery of Amount - Bihar & Orissa Public Demand Recovery Act, 1914 - Section 60 Fact of the Case: The ... to approach the appellate authority under section 60 of the Bihar & Orissa Public Demand Recover....
2022 0 Supreme(Jhk) 590 • India - Jharkhand
RAVI RANJAN, SUJIT NARAYAN PRASAD
and Orissa Public Demand Recovery Act, 1914. ... and Orissa Public Demand Recovery Act. ... Rule, 2007, Jharkhand Mineral Transit Challan Regulation, 2005, Bihar and Orissa Public Demand Recovery Act, 1914 - The court discussed ... The notice had been issued under Section ....
2014 0 Supreme(Jhk) 1034 • India - Jharkhand
SHREE CHANDRASHEKHAR
Final Decision: The writ petition was disposed of, quashing the order sending the petitioner to civil prison and permitting ... Issues: The maintainability of the writ petition and the legality of the orders passed by the Certificate Officer were raised ... The learned counsel appearing for the petitioner submits that since the original order dated 29.10.2010 as well as the order dated 21.09.2013 have been passed in utter disregard to the procedure prescribed under Section 7 of Bihar and Orissa Public....
2021 0 Supreme(Jhk) 97 • India - Jharkhand
SUJIT NARAYAN PRASAD
Constitution of India,1950 - Article 226 - Bihar and Orissa Public demand Recovery Act, 1914 - Section ... 7 - Recovery of demand - Jurisdiction of Requisitioning Authority - Petition filed has been appended to supplementary affidavits ... filed on behalf of writ petitioners it would be evident that amount which has been requisitioned for recovery is itself being doubted ... Both these #HL_STAR....
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