IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2087 of 2007 RAMESH KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 1.2.2010 Heard learned counsel for the parties. A Certificate Case No. 5 of 2006-07 was instituted against the petitioner after his default in non-payment of the loan amount. When the proceeding was initiated by the Certificate Officer, Aurangabad the petitioner filed his objection under section 9 of the Act on 15th September, 2006. The reason why the petitioner has had to approach this High Court is because even before the so called notice having been served on the petitioner or his objection decided under section 9 of the Act a distress warrant has been issued against him for recovery of the amount. The impugned order is dated 14.12.2006 and is annexure-1 to the writ application. The stand of the petitioner is that as per the procedure under the Public Demand Recovery Act the objection of the petitioner ought to have been decided. But the certificate Officer instead of doing so has adopted a unique method or methodology of recovery by straightway issuing a distress warrant against the petitioner. Learned counsel for the State Bank of India states that there are outstanding dues for which the certificate case came to be filed. To that extent it is maintainable but the question which arises is whether the Certificate Officer has duty to decide the - 2 - objection under section 9 of the Act as has been provided under the statute because the liability of the certificate debter has to be adjudicated by the Certificate Officer before a final order or certificate in favour of the requisitionist can be issued. In absence of any material to show that the objection of the petitioner under section 9 of the Act has been decided, the impugned order dated 14.12.2006 stands quashed. The matter is remanded to the Certificate Officer to decide the objection of the petitioner and thereafter proceed in the matter in accordance with law. This writ application stands allowed. RPS (Ajay Kumar Tripathi,J.)