CHANDRASHEKHAR, J. - (1.) AGGRIEVED by order dated 15.03.1993 and order dated 31.08.2005 in Certificate Case No. 111 of 9293, the petitionerM/s Allied Cement Company Private Limited, has approached this court.
(2.) THE brief facts of the case are that, on 06.01.1993 the District Mining Officer, Hazaribaghrespondent no. 3 forwarded a requisition for realisation of a sum of Rs. 1,29,557.22 along with interest for the period between July, 1990 to December, 1992, on account of "Dead Rent". On 15.01.1993, the Certificate Officer (Mines)respondent no. 2 initiated a certificate proceeding which was registered as Certificate Case No. 111 of 9293 and ordered notice to the petitioner under Section 7 of the Public Demand Recovery Act. On 15.03.1993, the representative of the petitioner appeared however, the Certificate Officer ordered warrant of attachment and arrest warrant. It is stated that the petitioner filed its objection on 04.10.1994 in Certificate Case No. 111 of 9293 under Section 9 of the Act disclosing payment of Rs. 25,000/ vide demand draft dated 12.04.1993 however, without finally deciding the objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914, vide order dated 31.08.2005, the Certificate Officer has again ordered issuance of warrant of attachment.
(3.) A counteraffidavit has been filed supporting the impugned orders dated 15.03.1993 and 31.10.2005. It is stated; 11. "That it is further stated and submitted that in his application the petitioner has clearly mentioned that the petitioner is ready to pay the certificated amount for which the petitioner has asked for a month's time to deposit the certificated amount but the petitioner did not turn up before the certificate court in the time mentioned in his application and therefore, the Certificate Officer (Mines) was forced to issue demandcumdistress warrant vide process no. 378 dated 16.03.93. On 23.04.94, the petitioner appeared before the certificate court and submitted an application along with a demand draft for Rs. 25,000/ to be deposited against the certificate case under the writ". Heard the learned counsel for the parties and perused the documents on record.;