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2026 DAILYLAW 22640 (JHR)

MITHILESH KUMAR v. THE STATE OF JHARKHAND THROUGH SECRETARY TRANSPORT DEPARTMENT

WPC/4482/2021 · 2026-08-12

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:24331 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4482 of 2021 ------ Mithilesh Kumar, son of Ramdhani Sah, resident of Mohalla Laheritola, Godda, P.O. Godda, P.S. Godda (T), District Godda, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand, through Secretary, Transport Department, Government of Jharkhand, at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 2. The Deputy Commissioner, Godda, P.O. & P.S. Godda, District Godda, Jharkhand. 3. The District Transport Officer-cum-Certificate Officer, Godda, P.O. & P.S. Godda, District Godda, Jharkhand. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Pankaj Kumar Choudhary,Advocate For the Respondent(s) : Mr. Baibhaw Gahlaut, Advocate ------ 05/ 12.08.2026 Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. In this writ petition, the petitioner has challenged the order dated 18.01.2021, in Certificate Case being C.C. III 106 / 2021, along with the order dated 08.07.2021, passed by the Certificate Officer, Godda, whereby Warrant of Arrest had been issued against the petitioner. 2.1. He has prayed for a direction upon the respondents to take the Road tax on year-by-year basis, as the petitioner has paid Road Tax up to 10.01.2018; and also not to take Road Tax during the Covid-19 Pandemic Lock down period. 3. It is the grievance of the petitioner that he could not file objection under Section 9 of the PDR Act, 1914, and in fact the Certificate has also not been determined in terms of Section 10 of the Bihar and Orissa Public Demands Recovery Act. 4. Learned counsel representing the respondent - State submits that the notices were issued, but the petitioner did not appear, nor he filed his objection under Section 9 of the PDR Act. 2026:JHHC:24331 2 5. After hearing the parties and going through the writ petition, especially page-22, I find that on 08.07.2021, Warrant of Arrest had been issued against the petitioner. Earlier, notices were issued to the petitioner under Section 7 of the Public Demands Recovery (PDR) Act, but there is nothing on record to suggest that the notices were served to the petitioner. Waiting for two dates, the Certificate Officer, Godda, issued Warrant of Arrest. Further, since there is no objection filed by the petitioner, and without determining the Certificate, Warrant of Arrest had been issued, the Warrant of Arrest dated 08.07.2021 passed in Certificate Case being C.C. III 106 / 2021, is hereby quashed. 6. The petitioner is directed to appear before the Certificate Officer, Godda, within six weeks from today itself, along with a copy of this order and a petition filed under Section 9 of the PDR Act, denying his liability. 7. Once the petitioner appears within six weeks, with all the documents, the Certificate Officer, after hearing the petitioner, will pass an appropriate order in terms of Section 10 of the Bihar and Orissa Public Demands Recovery Act. 8. If the petitioner does not appear within six weeks, with a petition under Section 9 of the PDR Act, it will be open to the Certificate Officer, to proceed and confirm the Certificate and thereafter recover the same by taking all coercive steps. 9. With the aforesaid observations and directions, this writ petition stands disposed of. (ANANDA SEN, J.) 12th August, 2026 Prashant. Cp-2 Uploaded on 17.08.2026