IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7426 of 2007 Shri Mukund Bihari, S/o- Sadhu Sharan Prasad, resident of Village- Hasanpur, P.S.- Rajgir, District- Nalanda. ………….. Petitioner. VERSUS 1. The State of Bihar through the District Magistrate, Nalanda. 2. The Additional Collector cum Certificate Officer, Nalanda. 3. Ramjanam Prasad, S/0- Jalu Yadav, resident of village- Bhishnu Bagicha Khudaganj, P.S. – Khudaganj Islampur, District- Nalanda. ………….. Respondents. ----------- 02 26.11.2008 The petitioner challenges the certificate proceedings being Certificate Case No. 29 of 2006-07, pending before the Additional Collector cum Certificate Officer, Nalanda for alleged recovery of dues under the Motor Vehicles Taxation Act. Learned counsel for the petitioner submits that the Maxi No. BR-21P 0599 belonged to the petitioner and was duly registered in his name. He alleges that he had sold the same to respondent no. 3, Ramjanam Prasad in the year 2002 and thereafter the said Ramjanam Prasad did not get the transfer made in accordance with the provisions of the Motor Vehicles Act, 1988 and apparently did not paid the dues in relation to motor vehicle taxes. He submits that he can thus be liable for the dues in respect of the said vehicle. He then submits with reference to Annexure-4, the requisition filed by the District Transport Officer, Nalanda dated 21.08.2006 and points out that the requisition is not in accordance with law. There is no verification as statutorily and mandatorily required and in view of settled judgments of this Court including the judgment in the case of Hari Prasad Agarwalla vs. The Stae of Bihar and others AIR 1976 Patna 217 the requisition is void and if that be so the proceedings are void. 2 I do not intend to decide the first issue, inasmuch as the dues pertain to a registered owner. If the petitioner submits that he has nothing to do with the vehicle, in question, the authorities would be free to seize the vehicle, in question, for realization of the dues. But, so far as second issue raised is concerned, it stands concluded by series of judgments of this Court that on such a requisition no certificate proceedings can be initiated. The requisition not being in accordance with law, the proceedings are itself void ab initio. Thus, I am left with no alternative but to quash the proceeding. However, liberty is given to the respondents to reinitiate the proceedings in accordance with law. The writ petition is thus allowed at this stage with consent of parties. Trivedi/ ( Navaniti Prasad Singh, J.)