Madhav Chandra Singh vs State Of Jharkhand `

Sanjay Kumar Dwivedi, J

Heard  learned  counsel  for  the  petitioner  as  well  as  the learned counsel for the respondent State.

The prayer in this petition has been made for quashing of the order dated 22.10.2022 passed by the respondent no.5 which was exercised under Bihar and Orissa Public Demand Recovery Act, 1940 and the vehicle of the petitioner has been seized.

Learned counsel appearing on behalf of the petitioner submits that the said order has been passed without deciding the objection made under section 9 of the said Act

Learned counsel for the respondent State accepts the said submission that without deciding the objection made under section 9 of the said Act, the said order has been passed.

In view of above, the Court finds that there are statutory provision as contained in the said Act; to first invite objection under section 9 of the said Act and after providing full opportunity of hearing and considering the objection, the appropriate order is required to be passed which has not been done in the case in hand. The case of the petitioner is covered in light of the judgment of this Court rendered in the case of Jagdish Mahto v. State of Jharkhand, (2023)AIR (Jharkhand) 29.

In view of above, the order dated 22.10.2022 passed by the respondent no.5 is hereby quashed.

The matter is remitted back to the respondent no.5 who will decide the matter afresh after providing opportunity of hearing to the petitioner in light of the observation made by this Court in the case of Jagdish Mahto(supra).

The Certificate officer is directed to decide the objection filed under section 9 of the said Act, 1914 on its own merit and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. Depending upon the outcome of the aforesaid decision, the Certificate Officer is at liberty to proceed further in accordance with law. Needless to say that if the certificate debtor will not appear before the Certificate Officer, the Certificate Officer will be at liberty to proceed in accordance with law.

With above observation and direction, this petition is accordingly disposed of.

Pending petition if any also stands disposed of accordingly.