IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.740 of 2006
Smt.Sanuja Devi @ Sanjuta Devi w/o Ramchandra Singh, resident of
village Barauni Deorhi, P.S. Teghra, District
Begusarai...................................Petitioner.
Versus
1. The State Of Bihar
2. The District Certificate Officer, Begusarai.
3. The Certificate Officer, Begusarai.
4. The Sub-Divisional Certificate Officer, Teghra, Begusarai.
5. The Officer-in-Charge of Teghra Police Station, District
Begusarai.........................Respondents.
For the petitioner : Mr. Jai Prakash Singh, Advocate.
For the respondents : None.
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02/ 29.09.2011 Heard learned counsel for the petitioner. No one
appears for the respondents although the name of their learned
counsel is appearing on the daily cause list.
2. This writ petition has been filed by the
petitioner for the following reliefs:
(i) For issuance of appropriate writ, order and/
or direction for quashing the entire
certificate proceeding bearing Certificate
Case No.60/95-96 (184/2001-
2002)(Transport) (The State of Bihar vs.
Sanuja Devi) pending before the Sub-
Divisional Certificate Officer, Teghra
(Begusarai) R.No.4.
(ii) For issuance of appropriate writ, order
and/or direction for quashing of order
dated 21.06.2005 and 11.07.2005 passed
by the Sub-Divisional Certificate Officer,
Teghra (Begusarai) (respondent no.4) by
which warrant of arrest/attachment has
been issued against the petitioner and
demanded regarding details of the movable
and immovable properties of the petitioner
from the concerned Circle Officer in the
aforesaid Certificate as contained in
Annexure-5 to this writ petition.
(iii) For issuance of an appropriate writ, order
and/or direction for grant of other relief or
reliefs to which the petitioner may be
found entitled in law on the facts and in the
-2-circumstances of the present case.
3. The specific claim of learned counsel for the
petitioner is that notice under section 7 of the Bihar & Orissa
Public Demands Recovery Act, 1914 (hereinafter referred to as
‘the Act’ for the sake of brevity) had been served upon her but in
spite of that Warrant of Arrest had been issued against her in the
aforesaid certificate case without giving any opportunity to the
petitioner to place her case in an objection under section 9 of the
Act. It is also stated by learned counsel for the petitioner that
although more than five years have lapsed but the petitioner has
not been arrested in spite of Warrant of Arrest having been issued
against her.
4. In the aforesaid facts and circumstances, this
writ petition is disposed of with a liberty to the petitioner to file
an application under section 9 of the Act before the District
Certificate Officer, Begusarai. If such an application is filed by
the petitioner before the said authority along with all the
requisites as well as a copy of this order within three weeks from
today, the said authority shall consider the same and shall decide
it under section 10 of the Act within three months thereafter, if no
order under section 10 of the Act has yet been passed. Till then
no coercive action shall be taken against the petitioner.
Harish (S.N. Hussain, J.)