IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7949 of 2005 1. Rameshwar Prasad Singh son of Late kapileshwar Prasad Singh. 2. Rajesh Kumar son of Rameshwar Pd. Singh. Both R.O.V Trimuhan P.S. Saharghat(Madhepur)Dist- Madhubani Versus 1. The State Bank Of India, through its Regional Manager. 2. The District Certificate Officer, S.B.I(ADB) Basopatti, Dist-Madhubani. 3. The Sub-Divisional Auction Officer, Benipatti Dist-Madhubani. ----------- 2 12.05.2011 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by the petitioner challenging notice dated 18.06.2005 issued by the Sub-Divisional Auction Officer, Benipatti in Certificate Case No. 189of 03-04 directing the petitioners to appear before him on 15.07.2005 and threatened the petitioners for issuance of warrant of arrest, if they did not appear. 3. Learned counsel for the petitioner submits that earlier notice was issued under Section 7 of the Bihar Orrisa Public Demand Act, 1949 in response whereof the petitioner filed objection under Section 9 of the Act, but the said objection was never disposed of and in stead the impugned order has been passed. 4. A counter affidavit has been filed by the respondents State of Bihar in which it is stated that the writ petition is premature and is not maintainable at this stage as the objection of 2 the petitioner under Section 9 of the Act is still pending for hearing and no coercive action has been taken against the petitioner. 5. In the aforesaid facts and circumstances of this case this writ petition is disposed of by quashing the notice for issuance of warrant against the petitioners and by directing the Certificate Officer to decide the objection of the petitioner, if not yet decided. If an application is filed by the petitioner before the Certificate Officer along with a copy of this order within 15 days from today, the said Certificate Officer shall decide the petitioners’ objection under Section 9 expeditiously, preferably, within two months thereafter. The petitioner shall be present on the date fixed and if he is absent even on one day the said Certificate Officer shall be at liberty to reject his application under Section 9 due to non- prosecution. If any order is passed on the objection of the petitioner by the said Certificate Officer the petitioner will be at liberty to challenge the same as per the provision of the Act. Prakash (S.N.Hussain, J.)