IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8566 of 2006 Md.Sultan Ahmad, son of late Md. Ishaque Ahmad, resident of Mohalla-Md. Jaan Market, Pani Tanki, P.S. Khaje Kalan, District- Patna ------ Petitioner. Versus 1. The State Of Bihar through Chief Secretary Old Secretariat, Patna. 2. The Certificate Officer, Patna City. 3. The Manager, State Bank of Bikaner and Jaipur, Patna City Branch, Patna. ------ Respondents. ---------------------------------- For the Petitioner : Kumar Rajeev, Advocate. For the Bank : Mrs. Nilu Agrawal, Advocate. For the State : Mr. Rajiv Roy, G.P. V. ----------- 3. 21.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to recall the order of issuance of distress warrant of arrest for recovery of certificate amount against the petitioner dated 20.4.2006 passed in Certificate Case No.7 of 2000-2001 pending before the Certificate Officer, Patna City. 3. In the facts and circumstance of the case, it is apparent that the aforesaid certificate case was initiated in which notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as the Act) was issued and the petitioner appeared and filed 2 objection under section 9 of the Act which was decided against the petitioner by the Certificate Officer and impugned distress warrant of arrest was issued. However, till date it has not been brought on record by either of the parties that the said distress warrant of arrest has been executed. 4. Considering the facts and circumstances of the case, specially in view of the provisions of section 60 of the Act, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the appropriate authority as provided under the Act. If such an appeal is filed by the petitioner along with the requisites and a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. Vinay/ ( S. N. Hussain, J.)