IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14139 of 2005 ==================================================== 1. Shambhu Sharan Singh, S/o. Bishun Narayan, r/o. Village- Deoghar, P.O. Mahanandpur, P.S. Deep Nagar, District-Nalanda. .... .... Petitioner/s Versus 1. The State Of Bihar, 2. The District Magistrate, Nalanda, District- Nalanda at Biharsharif. 3. District Co-operative Officer-cum-District Certificate Officer, Nalanda at Biharsharif. 4. The Branch Manager, Nalanda Arban Bank L.T.D. Biharsharif. .... .... Respondent/s ==================================================== Appearance : For the Petitioner/s : Mr. V.K.Singh Mr. Pankaj Kumar Mr. Uday Prasad, Advocates. For the Respondent/s : Mr. (AAG-3) ==================================================== 2 08-09-2011 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been filed by the petitioner challenging the entire proceeding of Certificate Case No. 10 of 1987-88 raising several discrepancies and illegalities and also challenging warrant of arrest issued vide order dated 17.07.1999 and for other ancillary reliefs. Learned counsel for the petitioner submits that no notice for initiation of the proceeding was ever given to the petitioner and he filed his objection but the same was not decided and the impugned order of warrant of arrest have been issued which is absolutely, illegal, arbitrary and perverse. On the other hand, learned counsel for the respondents submits that notice was issued to the petitioner in the Certificate Case but he neither appeared nor filed any objection and final order was Patna High Court CWJC No.14139 of 2005 (2) dt.08-09-2011 2 passed therein and only thereafter order of issuance of warrant of arrest was passed. He further submits that objection had been filed by the petitioner only after the matter has been finally disposed of. Considering the aforesaid facts and circumstances of the case, it seems the proceeding of the certificate case has only been decided and thereafter objection has been filed. There was no occasion for the authorities to consider the said petition. However, it was incumbent upon the petitioner to challenge the said final order before the appellate authority as per the provisions of the Bihar and Orissa Public Demand Recovery Act, 1914. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the appellate authority as provided in the act which will be decided in accordance with law. Mkr/- (S.N Hussain, J)