IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20720 of 2010 TRILOKI NATH PANDEY, S/O LATE BALIRAM PANDEY, RESIDENT OF VILLAGE LAKSHAMIPUR, P.S. PIRPAINTI DISTIRCT BHAGALPUR………………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH MAGISTRATE, BHAGALPUR 2. THE S.D.O. CUM CERTIFICATE OFFICER, KAHALGAON 3. THE MANAGER, S.B.I. LAKSHIMIPUR, BRANCH CODE NO.8121 4. CASHIER, S.B.I. LAKHSHMIPUR……….RESPONDENTS. For the petitioner : Mr. Devendra Kumar Pandey, Advocate. For the State : Mr. Rajesh Kumar Sinha, AC to GP-21 For the S.B.I. : M/s Kaushlendra Kr. Sinha and Sunil Kumar Singh, Advocates. ----------- 03/ 04.01.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 02.08.2007 (Annexure-2) passed by the Certificate Officer, Kahalgaon (respondent no.2) in Certificate Case No.14 of 2005-06 issuing Distress Warrant/Body Warrant against the petitioner without deciding the quantum of debt to be recovered from the petitioner. 3. From the facts and circumstances of the case as well as the materials on record, it is quite apparent that a certificate case had been initiated in the year 2005-06 and had been proceeded after fixing the amount due and due to non- payment of those dues Distress Warrant/Body Warrant was issued vide impugned order dated 02.08.2007 (Anneuxre-2). 4. Neither the said orders have been annexed to this writ petition nor they have been challenged before the - 2 - authorities concerned and hence issuance of Distress Warrant/Body Warrant vide order dated 02.08.2007 (Annexure-2) does not appear to be illegal. Accordingly, this writ petition is dismissed. Harish (S.N. Hussain, J.)