IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6097 of 2009 SANJAY KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 01.09.2009. Heard learned counsel for the parties. The petitioner has challenged the notice issued to him under certificate case no.2/2008-09 for recovery of alleged dues in respect of vehicle no. BR 27 8285. the petitioner states that he sold the vehicle to one Md Sabir Hussain s/o late Sahadat Hussain, resident of Nawada on 10.8.1999. Learned counsel for the petitioner submits that a photo copy of affidavit to the aforesaid effect has been annexed as annexure 1. The petitioner further states that he has paid the entire dues which would be evident from annexure 2 series. He submits that the District Transport Officer transferred the ownership of the vehicle in favour of Md Sabir Hussain on 9.2.2001 which is contained in annexure 8 to the Interlocutory Application No. 4930/99. However, the entry of the ownership in the office register of Transport department was not corrected. The petitioner states that the certificate officer without asserting the fact has issued notice to him vide annexure 5. The notice is bad in law as the ownership of the vehicle has been duly transferred in the name of Sabir Hussain, pursuant to sale effected by the petitioner in his favour in year 1999 itself. After hearing the parties, this court observes that if the petitioner brings the aforesaid fact to the notice of the Certificate - 2 - officer, Rajauli, Nawadah, he will pass appropriate order taking into consideration annexure A by which the vehicle has been transferred to Sabir Hussain. No coercive steps would be taken against the petitioner till the Certificate officer decides his objection. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)