- (1.) Aggrieved by order dated 25.6.2013 in Certificate Case No. 74(MR) 1992-93 whereby, warrant of attachment against the petitioner has been ordered, the present writ petition has been filed. Further prayers for quashing order dated 14.10.1992 and the entire proceeding in the Certificate Case have also been made in the writ petition. The brief facts of the case are that, a certificate proceeding was initiated at the instance of District Mining Officer, Ranchi on the ground that the petitioner was running brick kiln in the Village-Chatakpur for which the petitioner was liable to pay a sum of Rs. 41,400/-. The petitioner appeared on 3.2.1993 and filed objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 stating that he was not running brick-kiln and he never manufactured bricks. Though, notice was issued to the respondent-District Mining Officer, no reply was filed on behalf of the respondents and suddenly, warrant of attachment was ordered vide order dated 25.6.2013.
(2.) Heard the learned counsel for the parties and perused the documents on record.
(3.) Mr. V.P. Singh, the learned Senior Counsel for the petitioner submits that the petitioner has specifically denied that he was running a brick-kiln or he manufactured bricks in Village-Chatakpur, Ranchi in the year, 1992-93. In the record of the Certificate Case, Form No. 2 in terms of 1914 Act is not available. The Certificate of Public Demand was signed and prepared by the Certificate Officer on 14.10.1992, on the basis of requisition No. 84 of 1992 of the respondent-District Mining Officer. It is further submitted that proceeding in the Certificate Case was conducted irregularly and suddenly, after a lapse of about 20 years warrant of attachment has been issued by the Certificate Officer which cannot be approved in law. Per contra, Mr. Abhay Kumar Mishra, the learned S.C.-III appearing for the respondent-State of Jharkhand submits that since the petitioner did not pay the certificate amount, the warrant of attachment has rightly been issued by the Certificate Officer.;