IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.730 of 2008 1. SHIB KUMAR YADAV 2. PAWAN KUMAR YADAV BOTH SONS OF LAE RAM SHARAN YADAV RESIDNET OF VILLAGE SALEMPUR, PS. BISFI, DISTRICT MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, MADHUBANI 3. THE DISTRICT CERTIFICATE OFFICER, MADHUBANI,. 4, THE SUB-DIVISIONAL OFFICER CUM CERTIFICATE OFFICEER, BENIPATTI, MADHUBANI. 5. THE BRANCH MANAGER STATE BANK OF INDIA A.D.B. MADHUBANI BRANCH, MADHUBANI. ----------- 2 26/03/2010 Heard learned counsel for the petitioners and learned counsel for the respondent Bank. A certificate proceeding against the petitioners has come to be initiated at the instance of the State Bank of India, A.D.B. Madhubani Branch. The Certificate case was for recovery of loan granted to the petitioners for purchase of tractor, trailer, cultivator and its accessories. Based on the ordersheet the petitioners’ submission is that a detailed objection petition contained in Annexure-3 was filed before the Certificate Officer. This is an objection under section 9 of the Bihar Public Demand Recovery Act but instead of taking decision on the said objection, non bailable warrant of arrest has been issued against the - 2 - petitioners. From the counter affidavit filed on behalf of the respondents there is no denial that the objection petition has not been decided till date. It goes without saying that the petitioners have a valuable legal right to raise objection for crystallization of the liability under the Public Demand Recovery Act. The Certificate Officer is under obligation to decide the objection before taking further action in this regard. This writ application is disposed of with a direction upon the petitioners that they shall appear before the Certificate Officer concerned with a copy of this order within four weeks. The Certificate Officer will fix a date giving liberty of hearing to the petitioners on the objection filed under section 9 of the Act and thereafter shall decide the issue. It goes without saying that till the objection of the petitioner is decided, no coercive action shall be taken against the petitioners. AMIN (Ajay Kumar Tripathi, J.)