IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5176 of 2010 RAJENDRA SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. R.S.Pradhan, Sr. Advocatre With Mr.Sanjeev Nikesh,Advocate For the State: Mr. V.M.K. Sinha, SC-3 ---------- 2 26.3.2010 Heard learned Senior counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved because of issuance of warrant of arrest against him in Certificate Case No. 10/2004-05. Requisition has been filed by the Assistant Mining Officer, Siwan on the ground that the petitioner has failed to pay the royalty for running the brick kiln. Submission of learned senior counsel for the petitioner is that since after service of the notice on the petitioner by the Certificate Officer warrant of arrest has been issued in the very first go. This has prevented the petitioner to file effective objection with factual reasoning which he has right under section 9 of the Public Demand Recovery Act. It is also the stand of Senior counsel that the Certificate Officer has not decided the objection petition which has come to be filed and the effect of warrant of arrest shall not be taken into consideration till the disposal of the objection petition. Issuance of warrant of arrest at the very first stage is not the requirement of law. If the petitioner has filed objection petition before the Certificate Officer he is legally bound to decide such petition and thereafter proceed with the matter. - 2 - In view of above, the petitioner is directed to appear before the Certificate Officer within four weeks and the Certificate Officer will be obliged to hear the petitioner on the objection petition which has been filed by him and decide the same. Only after the objection petition is decided any follow up action will be taken. The warrant of arrest will remain in abeyance if the petitioner appears before the Certificate Officer within four weeks. This writ application is allowed to the extent indicated above. RPS (Ajay Kumar Tripathi,J.)