IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.740 of 2006 Smt.Sanuja Devi @ Sanjuta Devi w/o Ramchandra Singh, resident of village Barauni Deorhi, P.S. Teghra, District Begusarai...................................Petitioner. Versus 1. The State Of Bihar 2. The District Certificate Officer, Begusarai. 3. The Certificate Officer, Begusarai. 4. The Sub-Divisional Certificate Officer, Teghra, Begusarai. 5. The Officer-in-Charge of Teghra Police Station, District Begusarai…………………....Respondents. For the petitioner : Mr. Jai Prakash Singh, Advocate. For the respondents : None. ---------------------------------- 02/ 29.09.2011 Heard learned counsel for the petitioner. No one appears for the respondents although the name of their learned counsel is appearing on the daily cause list. 2. This writ petition has been filed by the petitioner for the following reliefs: (i) For issuance of appropriate writ, order and/ or direction for quashing the entire certificate proceeding bearing Certificate Case No.60/95-96 (184/2001- 2002)(Transport) (The State of Bihar vs. Sanuja Devi) pending before the Sub- Divisional Certificate Officer, Teghra (Begusarai) R.No.4. (ii) For issuance of appropriate writ, order and/or direction for quashing of order dated 21.06.2005 and 11.07.2005 passed by the Sub-Divisional Certificate Officer, Teghra (Begusarai) (respondent no.4) by which warrant of arrest/attachment has been issued against the petitioner and demanded regarding details of the movable and immovable properties of the petitioner from the concerned Circle Officer in the aforesaid Certificate as contained in Annexure-5 to this writ petition. (iii) For issuance of an appropriate writ, order and/or direction for grant of other relief or reliefs to which the petitioner may be found entitled in law on the facts and in the - 2 - circumstances of the present case. 3. The specific claim of learned counsel for the petitioner is that notice under section 7 of the Bihar & Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as ‘the Act’ for the sake of brevity) had been served upon her but in spite of that Warrant of Arrest had been issued against her in the aforesaid certificate case without giving any opportunity to the petitioner to place her case in an objection under section 9 of the Act. It is also stated by learned counsel for the petitioner that although more than five years have lapsed but the petitioner has not been arrested in spite of Warrant of Arrest having been issued against her. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to file an application under section 9 of the Act before the District Certificate Officer, Begusarai. If such an application is filed by the petitioner before the said authority along with all the requisites as well as a copy of this order within three weeks from today, the said authority shall consider the same and shall decide it under section 10 of the Act within three months thereafter, if no order under section 10 of the Act has yet been passed. Till then no coercive action shall be taken against the petitioner. Harish (S.N. Hussain, J.)