IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14572 of 2005 Md. Israfil son of Late Md. Muslim @ Bilat Miyan, Resident of village- Phulwaria, Police Station –Phulwaria, Police Station- Phulwaria, P.O. Barauni, District-Begusarai. ….. Petitioner. Versus 1. The State of Bihar. 2. The D.M. – cum-Collector, Begusarai. 3. The Certificate Officer, Begusarai. 4. The Zonal Manager, State Bank of India, Patna. 5. The Branch Manager, State Bank of India, Barauni, Begusarai. ….. Respondents. ----------- For the petitioner : Mr. Abdul Mannan Khan, Advocate. Mr. Md. Fahirnuddin, Advocate. For the State : Mr. Piyus Lall, Asst. counsel to A.A.G -I. ---------- 06/ 20.09.2011 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) For issuance of a writ of certiorari or any other appropriate writ, order or direction for quashing the order dated 26.07.2005 in Case No.30/2001-2002 passed by Sri Ram Nivas Pandey, Certificate Officer, Besusarai directing the petitioner to deposit Rs.23,700/- by every three months failing which directed to issue warrants of arrest against him. (ii) For issuance of a writ or mandamus or any other appropriate writ, order or direction for restraining respondent no.3 from harassing and humiliating the petitioner by issuing warrant of arrest etc. for realisation of bank dues in which a compromise settlement has already been taken place between the bank and the petitioner. (iii) For issuance of any other appropriate writ order or direction for grant of any other appropriate relief or reliefs which may be deemed fit and proper in the facts and circumstances of the case. 3. From the arguments of the parties and the materials - 2 - on record, it is quite apparent that Certificate Proceeding No.30 of 2001-2002 was initiated before the Certificate Officer, Begusrarai, Barauni in which notice under Section 7 of the Bihar & Orissa Public Demand and Recovery Act, 1914 was issued to the petitioner who appeared and filed his objection 9 of the Act. From order dated 26.07.2005 passed in the said certificate case it transpires that the said objection was not decided and in the meantime the said order was passed. It further transpires that more than six years have lapsed, but no further step in that regard has been taken by the authorities concerned. 4. In the aforesaid facts and circumstances, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to approach the authorities concerned for appropriate relief and step. 5. Accordingly, this writ petition is disposed of as withdrawn with the said liberty. 6. If the petitioner approaches the said Certificate Officer along with a copy of this order within four weeks from today, the said authority shall decide his objection under Section 9 of the Act, which has already been filed, within three months thereafter by a speaking order in accordance with law under Section 10 of the Act. Until then, no coercive action shall be taken against the petitioner. 7. If the petitioner is aggrieved by any of the order of the Certificate Officer, he will be entitled to file an appeal before the - 3 - appellate forum in accordance with law and will also be entitled to raise all the grievances before the appellate authority which he has raised in this writ petition. Sunil (S. N. Hussain, J.)