IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4866 of 2008 1. SHANKAR RAM S/O SRI PUJAN RAM 2. PRABHU RAM S/O SHRI SAKALDEO RAM, VILL-SISWAN BHUMIHAR, PS- NAWALPUR,DISTT- WEST CHAMPARAN,BETIAH---PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH SECY. DEPTT. OF TRANSPORT, GOVT. OF BIHAR, PATNA 2. DISTRICT TRANSPORT OFFICER, BETIAH,W.CHAMPARAN 3. CERTIFICATE OFFICER, BETIAH,W.CHAMPARAN 4. SUBASH RAM S/O SRI SAKALDEO RAM VILL- SISWAN BHUMIHAR, PS- NAWALPUR, DISTT- WEST CHAMPARAN,BETIAH-RESPONDENTS ----------- 3 5.1.2010 Heard learned counsel for the parties. Two petitioners, namely, Shankar Ram and Prabhu Ram have filed the present writ application against initiation of the Certificate Case No. 1/07-08. The certificate proceeding was initiated on the basis of the action taken by the District Transport Officer, Bettiah as there was default in payment of road tax of Bus No. BR-22B-1639. For the said default the vehicle also came to be seized on 20.6.2006. Learned counsel representing the petitioners submits that the Bus in question was registered in the joint name of Shankar Ram, Mangal Ram and Prabhu Ram. This fact is not denied by the respondents in their counter affidavit filed on their behalf. However the proceeding was initiated against Prabhu Ram and notice under section 7 of the Public Demand Recovery Act was issued by the Certificate Officer. Certain objections came to be raised but all that was burst aside and coercive action is sought to be taken by the Certificate Officer. The contention is that there is joint liability upon all the co-owners and only one person cannot be picked up and the liability fixed on his head. - 2 - There is no denial that the notice was served on Prabhu Ram but it is also a case of the State that there are co- owners duly registered on the Certificate of Registration issued by the competent authority for the Bus in question. Obviously there seems to be something left out on the part of the District Transport Officer while taking recourse to the recovery proceeding under the Public Demand Recovery Act. In view of the above, the proceeding so far in relation to Certificate Case No. 1/07-08 stands quashed. The matter is remanded back and the District Transport Officer is hereby directed to make necessary correction in the requisition and the Certificate Officer thereafter in the certificate. Step shall be taken for issuance of notice on all the three registered co-owners with a rider that since Mangal Ram said to the dead then the necessary legal heirs in this regard may be substituted in his place in the certificate proceeding. The two petitioners are directed to appear before the Certificate Officer along with the legal heirs of the deceased Mangal Ram on 4th February, 2010 and the Certificate Officer after the required correction will fix a date and serve notice upon them to file and hear their objections which may be raised on their behalf. This writ application is allowed to the extent indicate above. RPS (Ajay Kumar Tripathi,J.)