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State of Assam - Section

Section 28 in The Bengal Public Demands Recovery Act, 1913

28. Procedure on such application.

(1)If the Certificate Officer is satisfied that the resistance or obstruction was occasioned without any just cause by certificate debtor or by some person on his behalf, he shall direct that the applicant be put into possession of the property; and if the applicant is still resisted or obstructed in obtaining possession, the Certificate Officer may also, at the instance of the applicant, order the certificate debtor or such other person to be detained in the civil prison for a term which may extend to thirty days.
(2)If the Certificate Officer is satisfied that the resistance or obstruction was occasioned by any person (other than the certificate debtor) claiming in good faith to be in possession of the property on his own account or on account of some person other than the certificate debtor, the Certificate Officer shall make an order dismissing the application.Arrest detention and release