IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8193 of 2009 SUBODH KUMAR PASWAN Versus THE STATE OF BIHAR & ORS ----------- 3 21.07.2009. Heard learned counsel for the parties. The petitioner was granted some contract for construction of road. He did not complete the same as he was asked to refund the money and as he failed to refund the money a certificate proceeding was initiated. Notice was issued to the petitioner under section 7 of the Public Demand Recovery (PDR) Act but the petitioner did not respond. This court vide order dated 21.9.2007, passed in CWJC no. 4380 of 2006 granted an opportunity to the petitioner to file an objection before the Certificate officer. It was undertaken by the petitioner before this court that he will either complete the work or refund the money. Thereafter certificate officer heard the petitioner and found that the certificate is due against him. The petitioner had earlier deposited a sum of Rs. 23,000/- on 24.4.2005 and Rs. 75159/- is due to be paid by him. The petitioner submits that a body warrant has been - 2 - issued on account of non payment of aforesaid dues after disposing the objection. Section 15 of the Bihar and Orissa PDR Act provides mode of execution. It includes attachment, and sale, of movable or immovable property. The provision also provides for arrest of the certificate debtor. It is well settled by now that arresting person for execution of the certificate should be the ultimate resort if it is all necessary and not the first one. It appears that the certificate officer without first resorting to attachment and sale of any property, movable or immovable, have issued body warrant against petitioner. In such a situation, the issuance of body warrant against petitioner is kept in abeyance. However it would be open to the certificate officer to execute certificate as per section 15 of the PDR Act if the petitioner does not pay the outstanding amount without much delay. With the aforesaid observations and directions, the writ petition is disposed of. Shashi. (Samarendra Pratap Singh,J).