IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5047 of 2006 Mantun Kunwar @ Mantun Kumar, son of late Bhuneshwar Kunwar, resident of village and Post Binodpur, P.S. Muffasil, District Begusarai. …Petitioner Versus 1. The State Of Bihar 2. The District Certificate Officer, Begusarai 3. Sri Basistha Singh, the Certificate Officer, Begusarai 4. The Commercial Tax Joint Commissioner, Darbhanga Commissionary, Darbhanga 5. The Commercial Tax Officer, Begusarai 6. The Commercial Tax Officer, Begusarai Anchal, Begusarai. 7. The Officer-in-charge of Muffasil, P.S. Begujsarai. … Respondents --------------------- For the Petitioner : M/s Sheo Nandan Roy, Sr. Advocate & Jai Prakash Singh, Advocate For the Respondents : None. ----------------------- 06/ 07.12.2011 Heard learned counsel for the petitioner. No one appears for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs :- (i) For issuance of appropriate writ, order and or direction for quashing the entire certificate proceeding bearing Certificate Case No. 12/2004-05 (The Commercial Tax Officer, Begusarai vs. Mantun Kunwar) pending in the court of Sri Basistha Singh, learned Certificate Officer, Begusarai (respondent no.2). (ii) For issuance of appropriate writ, order and or direction for quashing of the order dated 30.11.2004 and 17.06. passed by the learned Certificate Officer, Begusarai by which warrant of arrest has been issued against the petitioner in the aforesaid certificate case. (iii) For issuance of appropriate writ order and/or direction for quashing of the order dated 13.03.2006 2 passed by the learned Certificate Officer, Begusarai by which rejected the petition filed by the petitioner for recalling warrant of arrest against the petitioner in the aforesaid certificate case. (iv) For issuance of appropriate writ, order and or direction for grant of other relief or reliefs to which the petitioner may be found entitled in law on the facts and in the circumstances of the present case. 3. The grievance of the petitioner is that without service of any notice under section 7 of the Bihar & Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as `the Act’ for the sake of brevity), warrant of arrest has been issued by the authorities concerned by the impugned orders. He also argues that no opportunity for filing any objection under section 9 of the Act has also been given to the petitioner, who was unable to take recourse to the provisions of the Act for redressal of his grievances. 4. In the said circumstances, this writ petition is disposed of with a direction to the petitioner to file an objection under section 9 of the Act before the Certificate Officer, Begusarai within fifteen days from today, which shall be decided by the said authority within two months thereafter. If any such order is passed by the authority under section 10 of the Act, the petitioner will be at liberty to file an appeal before the forum as provided under the Act. 5. However, till the objection of the petitioner under section 9 of the Act is disposed of, no coercive action shall be taken against the petitioner. MPS/ ( S. N. Hussain, J.)