IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8712 of 2009 AWADH NANDAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 27.07.2009 The petitioner is aggrieved by order dated 5.12.2002 by which body warrant and distress warrant has been issued against him. Learned counsel submits that a Tata Maxi 407 was financed by the respondent no. 4 Jain Motors Limited in the year 1999 and the said vehicle was registered in the name of petitioner in District Transport Office, Nawada bearing registration no. BR-27 / 4629. The aforesaid vehicle was seized by the agent of respondent no. 4 on 25.08.2000. An information to the above effect was given to the local police station giving rise to Sanha No. 426 dated 25.08.2000. A copy of the Sanha dated 25.08.2000 is annexed as Annexure – 1 to this application. Learned counsel submits that the transport authority has filed a certificate case for payment of road tax to the tune of Rs.55,512/- for plying the vehicle. Learned counsel submits that the vehicle was seized on 25.08.2000 and he was not plying the same since then, and as such he is not liable to pay the tax. He submits that without issuing notice, Annexure – 2 containing B.W and D.W have been issued. Even assuming that no notice was served upon the petitioner while issuing Annexure – 2, he has moved this case belatedly. However, by way of last indulgence liberty is granted to the petitioner to appear before the District Certificate Officer, Nawada within four weeks and file his objection forthwith. The P.W. and D.W 2 as issued on 5.12.2002 would remain stayed for four weeks only. The Certificate Officer will proceed with the proceeding in accordance with law. It will be open to the petitioner to make a prayer before the District Certificate Officer to recall the P.W. and D.W., which will be decided on its own merit. Kundan (S. P. Singh, J.)