IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11655 of 2008 ***** Subodh Kumar Singh son of Sri Umakant Singh, resident of village- Nayanagar-Dularpur, Police Station-Teghra, District-Begusarai. …. …. Petitioner Versus 1. The State of Bihar through the Collector, Begusarai. 2. The Certificate Officer, Tehra, District-Begusarai. 3. The State Bank of India, Nayanagar-Dularpur, Branch, Dist.-Begusarai. …. …. Respondents ----------- 9. 4.1.2010. Heard learned counsel for the petitioner, learned counsel for the State Bank of India and learned counsel for the State. Petitioner who is stated to be physically handicapped person was granted loan under the P.M.R.Y. scheme by the respondent State Bank of India. There has been failure on his part to re-pay the loan amount which compelled the Bank to initiate a certificate proceeding under the P.D.R. Act. The proceeding in question has been registered as Case No.75/2002-03. He has challenged the said proceedings on many a grounds. There is a categorical averment that the requisition filed by the Bank is undated. No certificate at all has been issued even on the basis of the defective requisition in terms of Section 7 of the P.D.R. Act and the Certificate Officer never answered any of the contentions raised by the petitioner, still coercive action is being taken against him. To verify the claim or the statement made by the petitioner the original records had been called for of the certificate case. From the perusal of the same all the three contentions made at the bar is borne out. If that be so, in view of the settled decision in this regard the certificate proceeding is defective and it cannot be allowed to proceed in its present - 2 - form. In view of the above the petitioner has made out a case for interference. Entire proceeding initiated in Certificate Case No.75/2002- 03 stands quashed. But the matter is remanded back to the Certificate Officer with liberty to the Bank to remove the defects, if it is permissible in law, and proceed with the matter. The original record is returned back to Mr. Ritesh Kumar, Assistant Counsel to Additional Advocate General-I for being returned back to the Certificate Officer. The writ application is allowed. Pawan/- (Ajay Kumar Tripathi, J.)