IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10343 of 2005 SHUBH DAYAL TIWARY @ DUKHHARAN TIWARY, SON OF RAJESHWAR TIWARY, RESIDENT OF VILLAGE RAMGARH, P.S. RAMGARH, DISTRICT KAIMUR (BHABUA)…...PETITIONER. Versus 1. THE STATE OF BIHAR. 2. COLLECTOR-CUM-DISTRICT MAGISTRATE, KAIMUR (BHABUA). 3. MINING OFFICER, ROHTAS (SASARAM)-CUM-KAIMUR (BHABUA). 4. ASSISTANT MINING OFFICER, DISTRICT – ROHTAS (SASARAM). 5. DISTRICT MINING OFFICER, DISTRICT –ROHTAS (SASARAM). 6. DISTRICT MINING OFFICER, DISTRICT – KAIMUR (BAHBUA). 7. MINES INSPECTOR, DISTRICT – KAIMUR (BHABUA). 8. ZILA NILAM PATRA PADADHIKARI, DISTRICT – KAIMUR (BHABUA). 9. NILAM PATRA PADADHIKARI, KHAN, MAGADH ANCHAL, GAYA. 10. STATION IN CHARGE, RAMGARH POLICE STATION, P.S. RAMGARH, DISTRICT KAIMUR (BHABUA). ......RESPONDENTS. with CWJC No.14562 of 2005 SHUBH DAYAL TIWARY @ DUKHHARAN TIWARY, SON OF RAJESHWAR TIWARY, RESIDENT OF VILLAGE RAMGARH, P.S. RAMGARH, DISTRICT KAIMUR (BHABUA).. ..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. COLLECTOR-CUM-DISTRICT MAGISTRATE, KAIMUR (BHABUA). 3. MINING OFFICER, ROHTAS (SASARAM)-CUM-KAIMUR (BHABUA). 4. ASSISTANT MINING OFFICER, DISTRICT – ROHTAS (SASARAM). 5. DISTRICT MINING OFFICER, DISTRICT- KAIMUR (BHABUA). 6. ZILA NILAM PATRA PADADHIKARI, DISTRICT – KAIMUR (BHABUA). 7. STATION IN CHARGE, RAMGARH POLICE STATION, P.S. RAMGARH, DISTRICT KAIMUR (BHABUA). ...........RESPONDENTS - 2 - with CWJC No.14695 of 2005 SHUBH DAYAL TIWARY @ DUKHHARAN TIWARY, SON OF RAJESHWAR TIWARY, RESIDENT OF VILLAGE RAMGARH, P.S. RAMGARH, DISTRICT KAIMUR (BHABUA)……..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. COLLECTOR-CUM-DISTRICT MAGISTRATE, KAIMUR (BHABUA). 3. MINING OFFICER, ROHTAS (SASARAM)-CUM-KAIMUR (BHABUA). 4. ASSISTANT MINING OFFICER, DISTRICT – ROHTAS (SASARAM). 5. DISTRICT MINING OFFICER, DISTRICT- KAIMUR (BHABUA). 6. ZILA NILAM PATRA PADADHIKARI, DISTRICT – KAIMUR (BHABUA). 7. STATION IN CHARGE, RAMGARH POLICE STATION, P.S. RAMGARH, DISTRICT KAIMUR (BHABUA). 8. NILAM PATRA PADADHIKARI-CUM-CERTIFICATE OFFICER, MINES, MAGADH ANCHAL, GAYA. ...........RESPONDENTS ----------- 03/ 25.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents in all the aforesaid three cases. 2. In the aforesaid three cases the petitioner is the same who has challenged the entire proceeding of the three execution cases pending against him as well as the notice issued by the District Certificate Officer, Kaimur (respondent no.8) under section 7 of the Bihar & Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as ‘the Act’ for the sake of brevity) and also challenged Warrant of Arrest issued against him. 3. Learned counsel for the petitioner submits that notices were issued to him as far back as in the year 1995-96 when he was a minor and notices of the said cases were sent to his guardian and hence he could not file applications under section 9 of the Act against - 3 - the notices sent to him under section 7 of the Act. He further submits that he came to know about the entire proceeding and the orders passed therein after Warrants of Arrest were issued against him. 4. Although learned counsel for the respondents vehemently contests the claim of the petitioner and submits that the petitioner had defaulted in payment of the amount concerned and hence proceedings were rightly initiated against him and he had failed to object to the notices under section 7 of the Act as per the specific provisions of law. Hence the Certificate Officer was quite justified in issuing Warrant of Arrest against him. 5. From the aforesaid facts and circumstances of the case as well as the materials on record, it is quite apparent that now the petitioner has attained majority. Accordingly, these three writ petitions are disposed of with a liberty to the petitioner to file applications under section 9 of the Act before the Certificate Officer concerned within four weeks from today along with all the requisites and placing all the facts and materials. If such applications are filed by the petitioner within the aforesaid time, the said authority shall decide the said applications under section 10 of the Act within four months thereafter, on its own merits in accordance with law. Till then Warrants of Arrest issued against him shall remain stayed. 6. If the petitioner is aggrieved by the said orders under section 10 of the Act, he will be at liberty to file an appeal before the appropriate authority as per the provisions of the Act. Harish (S.N.Hussain, J.)