IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5597 of 2006 Baban Kumar Sahi, son of Sri Kailash Singh, resident of village Lakhisarai, P.O. + P.S. Lakhisarai, District Lakhisarai, as a Chief Executive Officer of M/s Sahi Shramik Swablambi Sahkari Samiti Limited (registration no. 01/2002) situated at East Karyanand Nagar, Lakhisarai near Power Sub-Station. …Petitioner Versus 1. The State Of Bihar through the Secretary, Mines & Geology Department, Government of Bihar, Patna 2. The Commissioner-cum-Secretary, Mines & Geology Department, Government of Bihar, Patna 3. The Director, Mines, Government of Bihar, Patna. 4. The District Magistrate, Jamui 5. The District Magistrate, Lakhisarai 6. The Superintendent of Police, Jamui 7. The Superintendent of Police, Lakhisarai 8. The Assistant Mining Officer, Jamui 9. The Certificate Officer, Jamui … Respondents ---------------------------------- For the Petitioner : Mr. Binod Kumar Singh, Advocate For the State : Mr. Ajay Kumar Sharma, A.C. to AAG-1. ----------------------------------- 03/ 24.11.2011 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. 01/2004-05 pending before the Certificate Officer, Jamui. 3. Learned counsel for the petitioner submits that he filed an application before the Certificate Officer for recalling the order of warrant of arrest passed on 04.08.2005 in the said proceeding, but the said application of the petitioner was rejected vide order dated 16.06.2006. 4. It is quite apparent that the issuance of notice under section 7 of the Bihar & Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as `the Act’ for the sake of brevity) had not 2 been challenged by the petitioner nor any objection under section 9 of the Act has been filed by him before the said authority. 5. Learned counsel for the petitioner further submits that thereafter although no interim order of stay has been granted by the said authority, but the petitioner has not been arrested. 6. Considering the facts and circumstances of this case, this writ petition is disposed of with a liberty to the petitioner to file an objection under section 9 of the Act before the Certificate Officer raising all his objections including the maintainability of the said certificate case in the individual capacity of the petitioner. If such an application is filed by the petitioner within one month from today along with a copy of this order, the said authority shall decide the same in accordance with law within three months thereafter. If the petitioner feels aggrieved by the said order, he will be at liberty to challenge the same before the appropriate forum as provided under the Act. Till the objection of the petitioner is decided by the Certificate Officer, no coercive action shall be taken against him. MPS/ ( S. N. Hussain, J.)