Madan Gopal Lal vs State of Bihar and Others

Chandramauli Kr. Pd., J.—This application has been filed for setting aside the order dated 23.7.2001 and 25.7.2001, whereby the certificate officer has issued distress warrant against the Petitioner.

A certificate proceeding was initiated against the Petitioner for recovery of the amount advanced by Respondent No. 4. It is the assertion of the Petitioner that on 21.11.2000, he filed objection u/s 9 of the Bihar and Orissa Public Demands Recovery Act but without taking any decision on the same the certificate officer by the impugned order has issued distress warrant.

A counter affidavit has been filed on behalf of Respondent No. 4 in which it has been stated that the Petitioner did not appear on the date fixed and accordingly certificate officer had no option but to issue the distress warrant.

From perusal of the order-sheet of the certificate officer, it seems that after filing of the objection by the Petitioner u/s 9 of the Bihar and Orissa Public Demands Recovery Act, 5.2.2001 was the next date fixed. However, it seems that the matter was taken up on 7.2.2000 and on that day the Petitioner did not appear and the certificate officer decided to direct for issuance of distress warrant. From perusal of the order-sheet, it does not appear that the objection raised by the Petitioner has been decided by the certificate officer.

In the facts of the present case, I am of the opinion that the certificate officer erred in directing for issuance of distress warrant without deciding the objection raised by the Petitioner.

Let the Petitioner appear before the certificate officer on 5th of November, 2001. On the said date the certificate officer shall fix a date for hearing on the petition of the Petitioner and shall decide the same after hearing the Petitioner in accordance with law. Till the certificate officer does not decide the objection, no coercive steps shall be taken against the Petitioner.

The application stands disposed of with the aforesaid direction.