M.Y. Eqbal, J. - (1.) Heard Mr. Ananda Sen learned Counsel for the petitioner and Mr. M. S. Akhtar learned standing counsel No. 11.
(2.) In this writ application under Article 226 of the Constitution of Indian the petitioner has prayed for quashing the order daled 20.1.2006 passed by-Sub-Divisional Officer-cum-Certificate Officer, Dhalbhum, Jamshedpur in Certificate Case No. 71(BL)/2004-05 whereby the objection field by the petitioner under Section 9 of the Public Demand Recovery Act has been rejected and distress warrant has been issued for recovery of the certificate dues.
(3.) The facts of the ease lie in a very narrow compass:Petitioner availed loan facility from the respondent-Union Bank of India. When the petitioner failed to liquidate the loan amount together with interest, a certificate proceeding was initiated for recovery of the said dues of the Bank. The Certificate Officer issued notice under Section 7 of the Public Demand Recovery Act calling upon the petitioner to show-cause as to why certificate dues could not be recovered from him. Petitioner appeared and filed objection under Section 9 of the said Act challenging the jurisdiction of the Certificate Officer to entertain certificate proceeding. Petitioner's case is that in order to avoid warrant of arrest, he deposited a sum of Rs. 20,000/-in the loan account and thereafter, on perusal of the record he found that certificate proceeding has been initiated for recovery of Rs. 10,14,835.41/-.;