IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1238 of 2007 NATHUNI RAI SON OF LATE KULDIP RAI RESIDENT OF VILLAGE BHAGWATPUR, P.S. SARAIRANJAN, DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR 2. DISTRICT CERTIFICATE OFFICER OF SAMASTIPUR DISTRICT SAMASTIPUR. 3. BRANCH MANAGER (A.D.B.), AGRICULTURAL DEVELOPMENT BANK, SAMASTIPUR. 4. RAM LAKHAN RAI SON OF LATE KULDIP RAI 5. RAM CHANDRA RAI SON OF LATE DORIK RAI BOTH RESIDENT OF VILLAGE BHAGWATPUR, P.S. SARAIRANJAN, DISTRICT SAMASTIPUR. ----------- 3 01/02/2010 Having heard learned counsel for the petitioner, learned counsel for the Bank and learned counsel for the State as well as having perused the order dated 6.2.2007, the primary relief i.e. release from civil prison, has already been granted by this Court. He was taken into custody because of pendency of Certificate Case No. 761 of 1998-99. Submission of the learned counsel is that there are three borrowers. The petitioner is one of them. He is willing to settle the dispute by intervention of the Lok Adalat but the respondent Bank is not co-operating and an appropriate direction be issued to the Bank in this case. - 2 - The Court has reservation in passing any direction in this regard on the prayer of the petitioner. It is for the petitioner to set the process into motion by Lok Adalat and no direction or mandamus is required to be issued by this Court. So far as the other issues are concerned, the petitioner would be well advised to first raise his objection under section 9 of the Bihar Public Demand Recovery Act on the loan issue and get the issue thrashed out before the Certificate Officer. No interference is required by this Curt at this stage. This writ application is accordingly dismissed. AMIN (Ajay Kumar Tripathi, J.)