IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2686 of 2011 KRISHNADEO CHOUDHARY SON OF LATE YUGAL CHOUDHARY, R/O VILLAGE MEHSAUR, P.S. KHAGARIA (MUFFASIL), DISTRICT KHAGARIA….PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, KHAGARIA. 2. THE DISTRICT CERTIFICATE OFFICER, KHAGARIA, DISTRICT KHAGARIA. 3. THE STATE BANK OF INDIA AGRICULTURE DEVELOPMENT BRANCH KHAGARIA THROUGH ITS BRANCH MANAGER……………....RESPONDENTS. For the petitioner : Mr. Choudhary Shyam Nandan, Advocate. For the State : Mr. D.K. Prasad, GP-7 For the S.B.I. : Mr. K.K. Sinha, Advocate. ----------- 03/ 25.03.2011 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and learned counsel for the State Bank of India. 2. This writ petition has been filed by the petitioner challenging order dated 21.08.2010 passed by District Certificate Officer, Khagaria (respondent no.2) in Certificate Case No.41 of 2006-07 issuing Warrant of Arrest and also for direction to the said respondent to dispose of the objection of petitioner dated 15.04.2010 and for other ancillary reliefs. 3. Short substance of the matter is that notice under section 7 of the Bihar & Orissa Demands Recovery Act, 1914 (hereinafter referred to as the Act for the sake of brevity) was issued by the District Certificate Officer on the petitioner as certificate debtor in the prescribed form, whereafter the petitioner filed his reply denying his liability under section 9 of the Act. The petitioner has annexed entire order sheet of the aforesaid Certificate Case - 2 - No.41 of 2006-07 which shows that the said objection was never decided and in the meantime order dated 21.08.2010 was passed issuing Warrant of Arrest against the petitioner. 4. This appears against the specific provisions of law as it was the duty of the said authority to first decide the objection under section 9 of the Act after hearing under section 10 of the Act and only thereafter such steps for issuance of Warrant of Arrest etc. could have been legally taken. 5. In the said circumstances, the impugned order dated 21.08.2010 passed in Certificate Case No.41 of 2006-07 issuing Warrant of Arrest against the petitioner is hereby quashed and the District Certificate Officer, Khagaria (respondent no.2) is directed to proceed with Certificate Case No.41 of 2006-07 and take appropriate steps against the petitioner in accordance with law only after passing an order under section 10 of the Act deciding the objection filed by the petitioner under section 9 of the Act. It may be noted that this court has not considered the legality or otherwise of the objection filed by the petitioner. 6. This writ petition is disposed of with the aforesaid directions/observations. Harish (S.N. Hussain, J.)