Facts
The petitioner, Bharat Prasad Sah, challenged a warrant of arrest dated 18.07.2023 and a subsequent compliance letter dated 25.07.2023 issued in Certificate Case No. 01/2021-22 for a demand of Rs. 63,40,000/-.
Source reference: p. 1, 2The petitioner had previously received a notice under Section 7 of the Bihar & Orissa Public Demands Recovery Act (PDR Act) and had filed detailed objections under Section 9 of said Act on various dates between July 2021 and January 2022.
Source reference: para. 2/vThe Certificate Officer initiated coercive action, including an arrest warrant, without disposing of those objections.
Source reference: para. 3On 30.08.2023, the High Court stayed the certificate proceedings.
Source reference: para. 4Issues
Whether the Certificate Officer could validly issue a warrant of arrest and proceed with recovery without first adjudicating the petitioner’s objections filed under Section 9 of the PDR Act.
Source reference: para. 3, 5Law Applied
Section 7 (notice of demand), Section 9 (filing of petition denying liability), and Section 10 (hearing and determining such petition) of the Bihar & Orissa Public Demands Recovery Act.
Source reference: para. 2, 5, 6Once an objection is filed under Section 9, the Certificate Officer must determine the matter under Section 10 before taking coercive measures to recover the demand.
Source reference: para. 3, 5Reasoning
The Court observed that the petitioner had fulfilled his statutory obligation by filing a timely objection under Section 9 of the Act.
Source reference: para. 2, 5Instead of following the mandatory procedure of passing an order under Section 10 to determine the validity of the demand, the respondents skipped this quasi-judicial step and jumped to coercive execution by issuing a second notice and a warrant of arrest.
Source reference: para. 3The Court reasoned that to uphold the principles of natural justice and statutory compliance, the Certificate Officer must consider the claims and contentions of the parties and pass a formal order on the objections before any further recovery steps can be pursued.
Source reference: para. 5, 6Holding
The Court directed the Certificate Officer, Araria, to pass an appropriate order under Section 10 of the Act in Certificate Case No. 01 of 2021-22 after granting the petitioner a reasonable opportunity for a hearing.
The Court prohibited any coercive steps against the petitioner until the Section 10 order is passed and mandated disposal within three months.
Source reference: para. 6, 7Original Court PDF
Bharat Prasad SahvsThe State of Bihar
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