ABHINANDAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder a notice issued by the Certificate Officer, Latehar under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter referred as the Act, 1914) (Annexure-6) dated 19.07.2017 is under challenge.

(2.) Mr. Ashok Kumar Singh, learned counsel appearing for the respondent, has raised preliminary objection regarding maintainability of the writ petition by submitting that the writ is not maintainable in case of issuance of notice under Section 7 of the Act, 1914. He has relied upon the judgment passed by this Court in the case of G. Vaidyanathan Vrs. Urja Vikash Nigam Ltd and Ors. reported in (2015) 4 JBCJ 131 H.C., and in the case of Central Coalfields Ltd. Vrs. State of Jharkhand and Ors. reported in (2016) 2 JBCJ 128 H.C.

(3.) Having heard the learned counsel for the parties and looking to the provision of the Bihar and Orissa Public Demand Recovery Act, 1914 whereby and whereunder it is evident that in case of any requisition made by the authority concerned for recovery of the amount, notice under Section 7 of the Act, 1914 is to be issued for providing opportunity of hearing to the concerned, upon which, an objection is to be raised as provided under Section 9 of the Act, 1914.