IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7551 of 2005 1. SALKHUA BAZAR MATSYAJIVI SAHYOG SAMITI LTD, Salkhua through its Secretary Surya Narain Choudhary, Son of Late Madhusudan Choudhary, Resident of Village Katghara Punervas, P.S. Salkhua, District- Saharsa. 2. Dharmendra Choudhary, Son of Late Madhusudan Choudhary, Resident of Village Katghara Punervas, P.S. Salkhua, District- Saharsa. -----------Petitioners. Versus 1. THE STATE OF BIHAR through Commissioner/ Secretary Revenue and Land Reforms, Government of Bihar, Patna. 2. The Commissioner, Kosi Division, Saharsa. 3. The Collector, Saharsa. 4. The Additional Collector, Saharsa. 5. The Sub-Divisional Officer, Simri Bakhtiarpur District- Saharsa. 6. Anchaladhikari, Salkhua, District- Saharsa. ------------------Respondents. ---------------------------- 6. 3.11.2010 This writ application has been filed for making a two fold prayer. The first prayer of the petitioners is that the money deposited by him with the District Fisheries Officer, in lieu of settlement of the year 1984-85 to 1997-98 and for the year 1999- 2000 to 2002-2003, amounting to more than Rs. 16,00,000/- should be refunded to him. This Court obviously cannot consider this aspect of the matter as a stale claim has been filed, after the institution of a certificate proceeding in which Certificate Case No. Sairat- 1 of 2004-05 and Sairat- 2 of 2004-05. The second prayer of the petitioners is that Certificate Case No. Sairat- 1 of 2004-05 and 2 Sairat 2 of 2004-05 is not maintainable against the Secretary of Salkhua Block of Simari, Bakhtiarpur Co-operative Society. I may emphasize here that certificate proceeding is at the initial stage, as only notice has been issued to the petitioner. The claim of the petitioners is that he is the erstwhile Secretary of the society, at present one Surya Narain Choudhary has been elected and holds the post of the Secretary of the society. The petitioners claims that the certificate proceeding cannot continue against the Secretary of the society. The petitioner relies on a decision in the case of Mohammad Faizan & Anr. Vs. The State of Bihar and Ors. reported in 1997 (1) PLJR, 1028 and in the case of Kanhaiya Lal Vs. The State of Bihar & Ors. reported in 2002 (2) PLJR, 553. In the cases aforesaid there was a challenge to the fact that the society was not made a party in the case and the certificate proceeding was initiated without taking into account the fact that society is necessary party in the certificate proceeding. Having regard to the facts that Section 54 prescribes the method and procedure in which recovery can be made against the society, in both the 3 cases aforesaid final order have been passed for quashing the proceeding. In the present case by an order of this Court passed on 18.10.2005 coercive action has been stayed against petitioner no. 2 that is the Secretary of the Society, who is facing Certificate Case No. Sairat- 1 and 2 of 2004-2005. In the result I direct that the petitioners should appear before the certificate officer and file his objection. The Certificate Officer should take steps in accordance with the decision mentioned aforesaid and add the ‘Society’ as a party, issue notice to the society, and after hearing the matter pass appropriate orders in certificate proceedings. The petitioners are directed to appear before the Certificate Officer within a period of two months of receipt of the copy of this order. This writ application is disposed of with the aforesaid observations and directions. Anand Kr. (Sheema Ali Khan, J.)