IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6670 of 2009 Sita Ram Singh son of Ram Beyas Singh, Resident of Village- Laxmanpur, P.O.-Daulatpur, P.S.-Ara Muffasil, District- Bhojpur at Ara. -Petitioner. VERSUS 1. The State of Bihar. 2. Collector, Bhojpur at Ara. 3. District Certificate Officer, Bhojpur at Ara. 4. The Branch Manager, State Bank of India, Saraiya at Saraiya, P.s.- Krishnagarh, District-Bhojpur. -Respondents. ----------- 02 22.05.2009 The petitioner submits that he had taken a loan under Prime Minister Rojgar Yojana from the respondent-State Bank of India. For some reason, he was enable to repay the same. State Bank of India then instituted Certificate Case No. 53 of 2006-07 before the Certificate Officer, Bhojpur at Ara. Learned counsel for the petitioner draws my attention to the order sheet of the Certificate Court to show that on 17.01.2007 certificate proceedings were registered and notice under Section 7 was directed to be issued. The next order is order dated 08.12.2008 that is almost after two years, which merely noticed that certificate report of notice received, issued distress warrants. This order has been passed by the District Certificate Officer. In my view, the proceedings, as such, cannot be sustained. The impugned order dated 08.12.2008 is set aside and the Certificate Officer/District Certificate Officer is directed to give an opportunity of filing a petition denying liability to the petitioner and then after adjudicating thereon pass necessary orders in this regards. 2 Learned counsel for the bank points out that the petitioner has not disputed liability to pay. Learned counsel for the petitioner states that the petitioner is ready to pay the dues, as admitted, to the extent in instalments. Petitioner had taken the loan of Rs. 35,000/-. At the first instance, while filing his petition denying liability show evidence of deposit of Rs. 35,000/- with the State Bank of India in the concerned branch. The objection would be then considered and any further amount due would then be quantified with the assistance of the bank and the petitioner would then pay the said amount in instalments within a period of six months. This disposes of the writ petition. Trivedi/ (Navaniti Prasad Singh, J.)