JUDGEMENT
Anubha Rawat Choudhary, J. -
(1.) Heard Mr. Krishna Murari, counsel appearing for the petitioner.
(2.) Heard Mr. Abhijeet Kr. Singh, counsel appearing for the respondents.
(3.) This writ petition has been filed for the following reliefs:
"(a) For quashing the Entire Certificate Proceeding including the order dated
22.01.20l0 and 23.02.2010 passed by the Respondent No.2 in connection with Certificate Case No. 95/1990-91 whereby and where under, after about 20 years the objection filed by the petitioner within the meaning of Section-9 of the BiharOrissa Public Demands Recovery Act- 1914 has been unilaterally/arbitrarily rejected and then without information and thereby affording an opportunity to the petitioner, the order for issuance of warrant of arrest has been passed in gross departure to mandatory provisions of Sections- 10, 1415 of the said Act.
(b) Consequently, the petitioner further prays to quash the Warrant of Arrest issued vide memo No. 395 dated 15.03.2010; wherein the petitioner has been saddled to deposit Rs. 18,988.00 by way of demand, which is absolutely arbitrary, whimsical and illegal besides in violation of principle of natural justice and fairplay.
(c) Further for direction upon the Respondent-State to constitute a High Level Committee to enquire into the overall conduct and affairs of the office of the Respondent No.2, whose action as reflected from the entire order sheet of the case in question (Annexure-6) is admittedly laconic much less arbitrary and whimsical in total departure of Rules and Regulation as morefully described under the P.D.R. Act and thereby law of the land. Accordingly the petitioner further prays to take suitable disciplinary action to uphold the administrative probity attached with his office so as to preserve the public confidence in the democratic and welfare Constitution as a whole.
(d) Consequently, to award suitable cost and compensation for putting the petitioner; an innocent poor, and helpless tribal in undue mental and physical agony, de-hors his fundamental right of peace and liberty along with his entire family members; unduly put to irreparable loss and injuries.
(e) For any other relief/relief(s), the petitioner may be found entitled in the facts and circumstances of the case." ;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.