IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12802 of 2007 PRADEEP KUMAR VERMA SON OF PRASADI VERMA, RESIDENT OF HARDAS CHAK, P.O. KOSHI COLLEGE, P.S. & DISTRICT KHAGARIA. Versus 1. THE STATE BANK OF INDIA, AGRICULTURE DEVELOPMENT BRANCH, KHAGARIA, THROUGH ITS BRANCH MANAGER. 2. THE BRANCH MANAGER, STATE BANK OF INDIA, AGRICULTURAL DEVELOPMENT BRANCH, KHAGARIA. 3. THE DISTRICT CERTIFICATE OFFICER, KHAGARIA. 4. THE STATE OF BIHAR ----------- 2 23/02/2010 Certificate Case No. 11 of 2005-06 has been initiated against the petitioner at the behest of the State Bank of India. This amount was being claimed on the basis of a loan sanctioned in favour of the petitioner but not re-paid. The petitioner has challenged initiation of the proceeding on many a grounds. His first submission is that proper accounts have not been maintained by the Bank and many a payments which have been made by him for which he has requisite evidence have not been credited into the account. In support thereof, he has brought annexure-1. Additional submission is that the requisition for the certificate has not been properly verified, dated or signed by the requisitioning authority which goes to the root of the matter and is in breach of Section 5 of the Public Demand Recovery - 2 - Act. In addition it is also stated that all these objections have been taken by way of objection petition filed on behalf of the petitioner way back on 18.2.2006. The said objection is not being decided but on cognizance coercive action has been taken against the petitioner. Annexure-5 is culmination of the said exercise. Submissions made by the learned counsel for the petitioner merits consideration. Annexure-5 stands quashed. Matter is remitted back to the Certificate officer concerned with a direction that he shall decide the objection of the petitioner first and based on the said adjudication, subsequent action will be taken in this regard. Till that objection is decided by the Certificate Officer, no coercive action shall be taken against the petitioner. This writ application stands disposed of with the above direction. AMIN (Ajay Kumar Tripathi, J.)