IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14289 of 2010 Mosmat Buchkalo Devi, W/O Late Lakhan Prasad Gupta, Prof. M/S Shankar Hosiery and Garments, R/O Vill.- Buxar Industrial Area, P.S.- Buxar, (Ind), Distt.- Buxar…………………..Petitioner. Versus 1. The State Of Bihar 2. Additional Collector Cum Certificate Officer Buxar, Distt.- Buxar 3. Branch Manager, Central Bank Of India Buxar Branch, Pipar Panti Road, Buxar, Distt.- Buxar…………………………….Respondents. For the petitioner : Mr. B.J. Ojha, Advocate. For the State : Mr. Archana Sinha, Advocate. For the Bank : Mr. Ajay Kr. Sinha, Advocate. ---------------------------------- 04/ 25.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) To issue an appropriate writ or rule in the nature of certiorari for quashing the order dated 26.3.2010 passed by learned Certificate Officer (respondent no.2) Buxar passed in Certificate Case No.3/98-99 by which the petition filed by the petitioner for recalling the order dated 3.10.07 related to warrant of arrest in the light of section 42 of Bihar and Orissa Public Demand Recovery Act, 1914 was rejected without assigning any reason and without appreciating the facts and circumstances of the case. (ii) To issue an appropriate writ or rule in the nature of certiorari for also quashing the order dated 3.10.07 passed in the aforesaid certificate case passed by respondent no.2 regarding issuance of warrant of arrest against the petitioner lady. (iii) To issue an appropriate writ in the nature of mandamus directing the respondent bank to supply “statement of account” to the petitioner and accept the actual dues amount on instalment business if any dues is found against the petitioner - 2 - in the facts and circumstances of the case. (iv) To issue an appropriate writ or rule in the nature of mandamus directing the respondent authorities to amicably compromise the matter and not to harass a widow lady. (v) To grant any other relief or reliefs to the petitioner may be found entitled to in the facts and circumstances of the case. 3. So far the Warrant of Arrest issued against the petitioner vide order dated 03.10.2007 passed by the Certificate Officer, Buxar is concerned, section 42 of the Bihar & Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as „the Act‟ for the sake of brevity) clearly provides that a woman cannot be ordered to be arrested or detained in the civil prison under the provisions of the said Act even for the purpose of securing her presence. In the said circumstances the impugned orders dated 26.03.2010 and 03.10.2007 are not tenable in law and are accordingly quashed. 4. So far the other reliefs are concerned, the petitioner has already filed an objection under section 9 of the Act on 15.11.2010 which has not yet been disposed of. 5. In the said circumstances, the petitioner is directed to approach the Certificate Officer, Buxar along with a copy of the aforesaid application as well as a copy of this order within 15 days from today. If the said order is complied within the aforesaid time, the Certificate Officer shall direct the authorities of the Central Bank of India to supply the statements of account to the petitioner within 15 days, whereafter the petitioner will be at liberty to file her supplementary objection within 15 days thereafter. After the aforesaid - 3 - pleadings are complete, the Certificate Officer, Buxar shall decide the said objection under section 9 of the Act and shall pass orders under section 10 of the Act within two months thereafter. If the petitioner is aggrieved by the said order passed by the Certificate Officer, Buxar under section 10 of the Act, she will be at liberty to challenge the same before the appellate forum provided under the Act. 6. With the aforesaid observations/directions, this writ petition is disposed of. Harish (S.N.Hussain, J.)