Ashit Chakraborty vs State Of Jharkhand And Ors

The matter has been listed to be heard through video conferencing.

This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondents No.2 to hear the petition filed under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 as also for quashing the order dated 10.05.2013 passed in C.C. No.67/BL/12-13 by which warrant has been ordered to be issued against the petitioner without resorting to the provision of law contained in Section 10 of the Act, 1914.

Mr. Soumitra Baroi, learned counsel for the petitioner has submitted that the writ petition may be disposed of directing the Certificate Officer to decide the Section 9 petition, if not already decided.

Ms. Shivani Kapoor, learned counsel for the respondent-State has expressed no objection to such submission made on behalf of the learned counsel for the petitioner.

This Court, having heard the learned counsel for the parties and taking into consideration the prayer made in the writ petition to the effect for directing the Certificate Officer to decide the objection filed by the petitioner under Section 9 of the Act, 1914, deems it fit and proper to dispose of the writ petition directing the Certificate Officer to decide the petition filed by the petitioner under Section 9 of the Act, 1914 in accordance with the law, if not already decided.

Accordingly, the instant writ petition stands disposed of.