IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16762 of 2008 MADAN MOHAN PRASAD SON OF late Balkeshwar Singh, resident of village and Post Office – Aranda, P.S. Obera, District- Aurangabad at present posted as Panchayat Sewak at Aurangabad Sadar Block,District- Aurangabad. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Aurangabad. 3. The Sub-divisional Officer Daud Nagar-cum-Certificate Officer,District-Auranabad. 4. The Block Development Officer, Goh, District- Aurangabad. 5. The Block Development Officer, Madanpur,District-Aurangabad. ----------- 2 18.12.2008 Petitioner for the present confined his prayer to challenging the order dated 1.8.2008 passed in Case no. 25/2001-02 being certificate case pending before the Certificate Officer-cum- Sub-divisional Officer, Daudnagar,District-Aurangabad. He submits that the certificate proceedings were initiated against him in which he appeared and filed an application denying the liability. When the matter was pending, without deciding the objection straight away issued warrant of arrest against the petitioner. On coming to know warrant of arrest , petitioner appeared and brought the facts to the notice of Certificate Court. Realizing the mistake, by order dated 1.8.2008 (Annexure 1 to the writ petition), the Certificate Court has stayed the warrant of arrest for a period of fifteen days and asked for respond from the Block Development Officer to petitioner’s application denying liability.Petitioner’s grievance is that even though the Block Development Officer has not yet responded nor the petitioner’s - 2 - application denying liability adjudicated upon , the respondent- Certificate Officer is not extending the protection, thus the petitioner is now again faced with warrant of arrest. In my view, no useful purpose will be served by keeping the present application pending before this Court. It is well settled that pending adjudication of application denying liability , Certificate Officer cannot take steps for enforcing the certificate in any manner. Such a contingency would arise only after adjudication. This Court has repeatedly deprecated the issuance of warrant to enforce realization of civil due. This Court has gone to the extent of holding the provision for issuance of warrant in certificate proceeding to be ultra vires the constitution except in so far as to prevent fraud or prevent the certificate debtor in defrauding its creditor. Reliance may be made to in the case of Md. Abu Hasnain-v- State of Bihar & ors since reported in 2007(1) PLJR 797 and Dasrath Sharma –v- State of Bihar & ors. since reported in 2005(3) PLJR 687. In that view of the matter, I have no option but to direct that the order issuing warrant of arrest against the petitioner shall remain in abeyance till petition denying liability ,as field by the petitioner, is properly adjudicated in terms of Sections 9 and 10 of the Act. The warrant shall not be executed . This, in my view, disposes of the writ petition. singh (Navaniti Prasad Singh)