M.Y.EQBAL, J. - (1.) IN all these writ petitions the petitioners have challenged the validity of the notices issued to them in various certificate proceedings under Section 7 of the Bihar and Orissa Public Demand Recovery Act, [shortly 'the said Act '] for realization of rent of the shops in occupation of the petitioners. The petitioners have raised a pure question of law as to whether the Certificate Officer has any authority or jurisdiction to issue notices under Section 7 of the said Act, without complying the mandatory requirements of law.
(2.) THE petitioners are carrying on business in the open market in the shops allotted to them in the Principal Market Yard, Hazaribagh. The rent of the shops was time to time enhanced and for the recovery of rent respondent No. 3, the Secretary, Agricultural Produce Market Committee, Hazaribagh filed requisitions before the Certificate Officer -cum -Executive Magistrate, Sadar, Hazaribagh and on the basis of the requisition certificate cases were instituted. The Certificate Officer, on receipt of the records and on deposit of court -fee by the certificate holder, issued notices under Section 7 of the said Act. Mr. J.K. Pasari, learned counsel appearing on behalf of the petitioners submitted that no certificate, as required under Sections 5 and 6 of the said Act, was ever served upon the petitioners. According to the learned counsel a certificate, as required in Form I, has not even been prepared and signed by the Certificate Officer. Learned counsel submitted that in absence of mandatory compliance of the provisions of the Act, the certificate proceedings are vitiated in law and the notices issued by the Certificate Officer are wholly without jurisdiction.
(3.) MR . V.P. Singh learned counsel appearing on behalf of the Market Committee, on the other hand, submitted that rent of the shops were time to time enhanced and the validity of the enhancement of rent has been affirmed by this Court. Learned counsel submitted that even if notices were issued without serving certificate in Form I, the same being a procedural error and irregularity, the certificate proceedings cannot vitiate and the notices cannot be quashed.;