High Court Patna High Court - Orders

Bhola Nath Roy vs The State Of Bihar &Amp; Ors on 25 March, 2011

Patna High Court – Orders
Bhola Nath Roy vs The State Of Bihar &Amp; Ors on 25 March, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.2714 of 2011
                     BHOLA NATH ROY SON OF LATE RADHA KISHNA RAI,
                     R/O VILLAGE BAKHERPUR, P.S. PIRPAINTY, DISTRICT
                    BHAGALPUR............................................PETITIONER.
                                     Versus
                    1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE,
                        BHAGALPUR.
                    2. THE CERTIFICATE OFFICER, BHAGALPUR.
                    3. U.CO.    BANK,    PYALAPUR      BRANCH, PIRPAINTY,
                        BHAGALPUR THROUGH BRANCH MANAGER.
                    4. THE BRANCH MANAGER, U.CO. BANK, PYALAPUR
                        BRANCH, PIRPAINTY, BHAGALPUR........RESPONDENTS.

                    For the petitioner     :Mr. Gopal Prasad Roy, Advocate.
                    For the State          :Mr. Prashant Sinha, AC to GP-1
                    For the Bank          :Mrs. Nilu Agrawal, Advocate.
                                                    -----------

03/ 25.03.2011 Heard learned counsel for the petitioner, learned counsel

for the State of Bihar and learned counsel for the U.Co.Bank.

2. This writ petition has been filed by the petitioner

challenging order dated 13.06.2007 passed by Certificate Officer,

Bhagalpur (respondent no.2) in Certificate Case No.15 of 2006-07

issuing Warrant of Arrest and also for direction to the said

respondent to dispose of the objection of the petitioner dated

20.03.2007 and for other ancillary reliefs.

3. Short substance of the matter is that notice under

section 7 of the Bihar and Orissa Demand Recovery Act, 1914

(hereafter referred to as the Act for the sake of brevity) was issued

by the Certificate Officer on the petitioner as certificate debtor,

whereafter the petitioner filed his reply denying his liability under

section 9 of the Act. The petitioner has annexed entire order sheet of

the aforesaid Certificate Case No.15 of 2006-07 which shows that

the said objection was never decided and in the meantime order
-2-

dated 13.06.2007 was passed issuing Warrant of Arrest against the

petitioner.

4. This appears against the specific provisions of law as it

was the duty of the said authority to first decide the objection under

section 9 of the Act after hearing under section 10 of the Act and

only thereafter such steps for issuance of Warrant of Arrest etc.

could have been legally taken.

5. In the said circumstances, the impugned order dated

13.06.2007 passed in Certificate Case No.15 of 2006-07 issuing

Warrant of Arrest against the petitioner is hereby quashed and the

Certificate Officer, Bhagalpur (respondent no.2) is directed to

proceed with Certificate Case No.15 of 2006-07 and take

appropriate steps against the petitioner in accordance with law only

after passing an order under section 10 of the Act deciding the

objection filed by the petitioner under section 9 of the Act. The

petitioner must appear in the said proceeding on each and every date

fixed by Certificate Officer, Bhagalpur (respondent no.2). It may be

noted that this court has not considered the legality or otherwise of

the objection filed by the petitioner.

6. This writ petition is disposed of with the aforesaid

directions/observations.

Harish                                            (S.N. Hussain, J.)