IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13390 of 2005 Krishnandan Singh, son of Late Ram Babu Singh, Resident of village Brindawan, P.S. Naokothi, District Begusarai ………….Petitioner. Versus 1. The State of Bihar 2. The District Certificate Officer, Begusarai. 3. The Certificate Officer, Begusarai. 4. The Sub-Divisional Certificate Officer, Manjhaul, Begusarai. 5. The District Transport Officer, Begusarai (Bihar). 6. The Sub-Divisional Officer, Manjhaul, Begusarai. 7. The Sub-Divisional Officer, Bakhari, Begusarai. 8. The Officer-in-Charge of Naokothi, Police Station, District Begusarai…………………………………………..Respondents. For the petitioner : Mr. Jai Prakash Singh, Advocate. For the respondents : Mr.Shivam Singh, AC to AAG-1 ---------------------------------- 04/ 06.09.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging the entire proceeding of Certificate Case No.124 of 2001- 02 (59/2002-03) pending before the Sub-Divisional Certificate Officer, Manjhaul (respondent no.4) against the petitioner and also challenging order dated 27.06.2005 passed by the said authority executing Warrant of Arrest on the basis of which the petitioner was arrested and was produced in court and thereafter was sent to the District Jail of Begusarai. 3. The claim of the petitioner is that although the said proceeding was initiated in the year 2001-02, but no notice under section 7 of the Bihar & Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as ‘the Act’ for the sake of brevity) was ever served upon him. This statement is denied by the respondents in their - 2 - counter affidavit and hence there is oath against oath. 4. However, since it were the respondents themselves, who were claiming that the notices were validly served, it was incumbent upon them to produce the document to support their claim, but no such document has been filed. The other plea taken by the respondents is that the petitioner had appeared in the certificate proceeding and was trying to delay it by taking undue adjournments but to support this point also the order sheet of the certificate case has not been annexed by the respondents for reasons best known to them. 5. Considering the matter in its entirety, this writ petition is disposed of with a liberty to the petitioner to fie an objection under section 9 of the Act along with the necessary details within three weeks from today along with a copy of this order. If such an objection is filed by the petitioner within the said time, the aforesaid Certificate Officer shall decide the same in accordance with law by a speaking order within three months thereafter under section 10 of the Act. If the petitioner is aggrieved by any order of the authority under section 10 of the Act, he will be at liberty to file an appeal before the appropriate authority as provided in the Act. 6. Till order under section 10 is passed no coercive action shall be taken by the authorities against the petitioner, if objection is filed by the petitioner under section 9 within three weeks from today. Harish (S.N.Hussain, J.)