IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9313 of 2011 Arun Kumar Parimal, son of Late Lakshman Prasad, resident of village – Harpur, P.S. Goreakothi, District Siwan……………………………………………..……Petitioner. Versus 1. The State of Bihar, through the District Magistrate, Siwan. 2. The District Magistrate, Siwan. 3. The Certificate Officer, Siwan. 4. Assistant Mining Officer, Siwan…………………Respondents. For the petitioner : Mr. Krishna Kant Singh, Advocate. For the respondents : Mr. Anil Kumar Verma, Advocate. ----------- 03/ 15.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 08.08.2005 passed in Certificate Case No.21 of 2005-06 by which the Certificate Officer, Siwan issued notice under section 7 of the Bihar & Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as ‘the Act’ for the sake of brevity) and also challenging order dated 17.04.2006/18.04.2006 by which Warrant of Arrest has been issued against the petitioner in the aforesaid case and also for quashing the entire proceeding of Certificate Case No.21 of 2005-06 or to club it together with Certificate Case No.113 of 2007-08 because both of them arise out of the same cause of action. 3. Learned counsel for the petitioner submits that in Certificate Case No.113 of 2007-08 he received notice under section 7 of the Act and filed his objection under section 9 of the Act which is still pending. He further submits that in - 2 - Certificate Case No.21 of 2005-06 no notice under section 7 of the Act was served upon the petitioner and only recently he came to know about the same and he filed his objection under section 9 of the Act in the said certificate case also on 04.10.2010 (Annexure-3), but the said objection has not yet been disposed of and the petitioner is being harassed due to Warrant of Arrest issued earlier in Certificate Case No.21 of 2005-06. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Certificate Officer, Siwan (respondent no.3) within two weeks from today along with a copy of this order, whereafter the said authority shall consider and decide the objections of the petitioner under section 9 of the Act in cases, namely Certificate Case No.21 of 2005-06 and Certificate Case No.113 of 2007-08 which would be clubbed together as analogous cases. Till the objections of the petitioner are decided by the said authority under section 10 of the Act, no coercive step shall be taken against the petitioner. 5. If the petitioner does not appear before the Certificate Officer, Siwan within 15 days from today, the authority concerned shall take all coercive action against him. Harish (S.N. Hussain, J.)