IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8624 of 2005 1. Binay Kumar Singhania S/o Late Mahabir Prasad Singhania, resident of Mohalla Sujaganj, P.S. Kotwali, Town and District- Bhagalpur. 2. Raj Kumar Singhania S/o Late Mohanlal Singhania, resident of Mohalla Sujaganj, P.S. Kotwali, Town and District-Bhagalpur. ….. Petitioners. Versus 1. The State of Bihar. 2. Certificate Officer, Bhagalpur. 3. The Assistant Commissioner Commercial Taxes, Bhagalpur. 4. M/s. Khaitan Enterprises through its proprietor Ajay Kumar Khaitan S/o Late Nathmal Khaitan, resident of Abdul Latif Lane, Munsi Bazar, Asansol-713301 (WB), PS Asansol South (PS). …… Respondents. ----------- 08/ 11.07.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners challenging the entire Certificate Case No.01/2003-04 pending before the Certificate Officer, Bhagalpur and also for directing the Certificate Officer for disposal of objection under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914 after disposal of other interlocutory applications filed by the petitioners and for other ancillary reliefs. 3. It transpires that petitioners are the guarantors of a dealer which has been objected to by the petitioners and a certificate proceeding had been initiated against the sales tax dealer and the guarantors and in the said certificate case notice under Section 7 of the Act was issued to the petitioners, but according to the petitioners the notice was not served upon them and hence when the warrant of arrest was issued they filed their objection - 2 - under Section 9 of the Act which was kept pending and hence the petitioners filed this writ petition. 4. Interlocutory application bearing No.I.A.No.4197 of 2011 has been filed by the petitioners stating that they had filed an application for certified copies of the related records of the dealer of Khaitan Enterprises bearing BST No.BH-1421 [R] on the basis of which the petitioners were made parties in the certificate case, but the said copies were not being made available to the petitioners which may create hindrance in proper decision of their objection. 5. In the aforesaid facts and circumstances, it is quite apparent that the petitioners’ objection under Section 9 of the Act is still pending before the Certificate Officer, Bhagalpur and the petitioner’ application for certified copies of the aforesaid documents is pending before the Deputy Commissioner, Commercial Taxes, Bhagalpur Circle. Hence, the Deputy Commissioner, Commercial Taxes, Bhalgapur Circle is directed to supply the required documents as per the application of the petitioners within fifteen days from the date of receipt/production of a copy of this order by any of the parties to this writ petition. The petitioners are directed to produce a copy of this order before the said Deputy Commissioner, Commercial Taxes, Bhagalpur within fifteen days from today. Within fifteen days of the receipt of the aforesaid certified copies, the petitioners shall immediately file a supplementary to their objection under Section 9 of the Act before the Certificate Officer. The Certificate Officer is directed to - 3 - dispose of the objection of the petitioners within sixty days thereafter in accordance with law after giving opportunity to both the parties for placing their case. If the dealer, namely respondent no.4 does not appear before the Certificate Officer, coercive step shall immediately be taken against it. 6. With the aforesaid direction/observation, this writ petition is disposed of. Sunil (S. N. Hussain, J.)