IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12800 of 2011 Bharat Singh S/O Late Bhagwat Singh R/O Vill. Topra Tola, P.O. & P.S.- Pirpainty, Distt.- Bhagalpur Versus 1. The State Of Bihar 2. The Assistant Director, Mining, Bhagalpur Anchal, Dhanoura House, Bari Khanjarpur, Bhagalpur-Cum-Certificate Officer ---------------------------------- 2 12/09/2011. The petitioner prays for setting aside the attachment of properties contained in Memo no. 182 dated 24.2.2011, passed by respondent no.2 in Certificate case no. 143/ 1992-93. The petitioner submits that earlier warrant of arrest was issued against him by the Certificate officer on 12.8.1993. The petitioner challenged the order in the High court in C.W.J.C.No. 4706 of 1994. This court while disposing of the writ petition vide order dated 30.6.1995, observed as follows:- “If the petitioner does not appear on the aforesaid dates or he fails to file objection under section 9 of the Act, as stated above, the Certificate officer shall proceed with the Certificate proceeding in accordance with law.” The petitioner states that there was no basis for either attaching his property or issuing warrant of arrest in the certificate case. The petitioner states that he has not taken any contract from respondent Mines department nor any kind of outstanding dues is pending against him. The petitioner states that earlier an FIR was lodged under section 40(1) of the Minings Act and section 379 of the IPC giving rise to GR No.1294 of 1992. He further submits that he was acquitted in 2 the aforesaid case. On this basis, he has prayed for quashing of the impugned order attaching his property. Learned counsel for the Mines department submits that the petitioner should have appeared before the Certificate officer as directed by this Court and filed his objection under section 9 of the Act in the year 1995 itself. He submits that it was open for him to take all his points before the Certificate officer. The provision of appeal is available under the Bihar Certificate Manual. As such the petitioner should file an appeal before the appropriate authority. No coercive steps would be taken against the petitioner for the period of four weeks to enable him to file an appeal. The petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)