IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5973 of 2005 UDAY CHANDRA BHAGAT SON OF LATE KAPUR CHANDRA BHAGAT, RESIDENT OF VILLAGE AND POLICE STATION KORHA, DISTRICT KATIHAR. ….(CERTIFICATE DEBTOR)-PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES-CUM-MANAGING DIRECTOR OF THE KATIHAR OF KATIHAR DISTRICT CENTRAL CO-OPERATIVE BANK- CUM-CERTIFICATE OFFICER, KATIHAR. 3. THE BRANCH MANAGER, THE KATIHAR DISTRICT GENERAL CO-OPERATIVE BANK LTD., KORHA, VILLAGE AND P.S. KORHA, DISTRICT KATIHAR…..RESPONDENTS. For the petitioner : M/s N. Hoda and Md. Qumsul Hoda, Advocates. For the respondents : Mr. Ram Das Singh, AC to SC - 12 ----------- 10/ 02.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for quashing the entire proceeding of Certificate Case No.348 of 2003-04 pending before the Assistant Registrar, Co-operative Societies-cum- Certificate Officer, Katihar under the provision of the Bihar& Orissa Public Demands Recovery Act and for other ancillary reliefs. 3. Learned counsel for the petitioner submits that the aforesaid certificate case is not maintainable on several grounds i.e the Certificate Officer is himself the Managing Director of the respondent Bank who had submitted the requisition and that requisite court fee had not been paid for the said case nor any proper notice was given. 4. This writ petition has been filed about six years back and vide order dated 17.07.2005 a Bench of this court directed the - 2 - petitioner to be released on furnishing bond to the satisfaction of Certificate Officer, Katihar in the said certificate case and the petitioner was directed not to dispose of any property during the pendency of the writ petition which was subject matter of the certificate proceeding. 5. From the facts and circumstances of the case, this court feels that the petitioner should have approached the Certificate Officer, Katihar by way of filing an application with respect to challenging the maintainability of the certificate case. Hence, this writ petition is disposed of with a liberty to the petitioner to appear in the certificate case and file an interlocutory application therein challenging the maintainability of the certificate case as claimed in this writ petition. If such an application is filed within three weeks from today along with a copy of this order and the relevant documents, the Certificate Officer, Katihar shall give opportunity to other side and shall decide the said application by a speaking order in accordance with law within three months thereafter. If the petitioner is aggrieved by the said order he will be at liberty to challenge the same before an appropriate forum provided under the law. 6. During the pendency of the said application, the petitioner is restrained from disposing of any property which is subject matter of the certificate proceeding. Till then the authorities are also restrained from taking any action against the petitioner on the basis of the aforesaid certificate case. Harish (S.N.Hussain, J.)