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2021 DIGILAW 729 (JHR)

Vivek Pratap Singh v. State of Jharkhand

2021-09-08

RAJESH SHANKAR

body2021
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition is taken up today through video conferencing. 2. The present writ petition has been filed for the following reliefs: (a) For quashing the order dated 31st March, 2014 (Part of Annexure-3 to the writ petition) passed by the learned Certificate Officer, Electric Supply Area, Hazaribag the respondent no. 3 in Certificate Case No. 42/B/2013-14 in terms of which notice dated 31st March, 2014 was issued in his personal capacity under Section 7 of Bihar and Orissa Public Demands Recovery Act, 1914 (in short ‘Act 1914’) against the petitioner without complying the mandatory provisions of the Act, 1914. (b) For quashing the order dated 22nd July, 2017 (Part of Annexure-3 to the writ petition) passed by the respondent no. 3 in Certificate Case No. 42/B/2013-14 in terms of which the petitioner was directed to deposit entire certificate amount of Rs. 8,02,225/- (with interest) till 16th August, 2017. (c) For quashing and setting aside the order dated 21st December, 2017 (Part of Annexure-3 to the writ petition) passed by the respondent no. 3 in Certificate Case No. 42/B/2013-14 in terms of which warrant of arrest has been issued against the petitioner as well as the order dated 19th June, 2018 (Part of Annexure-3 to the writ petition) passed by the respondent no. 3 in Certificate Case No. 42/B/2013-14 in terms of which fresh warrant of arrest has been issued against the petitioner. 3. Mr. Rohan Kashyap, learned counsel for the petitioner submits that the present writ petition is covered by the order dated 6th July, 2019 passed by a Bench of this Court in W.P. (C) No. 6343 of 2018. 4. Mr. Mukesh Sinha, learned Sr. S.C. I appearing on behalf of the respondent nos. 1 and 3 as well as Mr. Rahul Saboo, learned S.C. I appearing on behalf of the respondent no. 2 accept the submission of the learned counsel for the petitioner that the present writ petition is covered by the order dated 6th July, 2019 passed in W.P. (C) No. 6343 of 2018. 5. Considering the aforesaid submission of the learned counsel for the parties, the present writ petition is disposed of in terms with the order dated 6th July, 2019 passed in W.P. (C) No. 6343 of 2018. 6. Accordingly, if the petitioner prefers an objection under Section 9 of the Act, 1914 before the respondent no. 5. Considering the aforesaid submission of the learned counsel for the parties, the present writ petition is disposed of in terms with the order dated 6th July, 2019 passed in W.P. (C) No. 6343 of 2018. 6. Accordingly, if the petitioner prefers an objection under Section 9 of the Act, 1914 before the respondent no. 3 in Certificate Case No. 42/B/2013-14 within ten days from today, the said respondent shall pass an appropriate order under Section 10 of the Act, 1914, after considering the objection of the petitioner as well as on providing an opportunity of hearing to him within a period of three weeks from the date of filing of the said objection. 7. The warrant of arrest issued in connection with Certificate Case No. 42/B/2013-14 shall be kept in abeyance for a period of three weeks from the date of filing of the objection under Section 9 of the Act, 1914 by the petitioner. 8. I.A. No. 4503 of 2019 is also disposed of accordingly.