Munshi Bhagat v. The State Of Bihar

filed their objection. They challenged the proceedings on the ground that without deciding their objections warrants have been issued. Heard the parties. In my view, the writ petition can be disposed of at this stage itself and is being disposed of accordingly with the consent of the parties. This Court on several occasions has deprecated the attitude of the Certificate Officers under Public Demand Recovery Act in issuing warrant of arrest. Such an action is permissible in rare of the rarest cases. - 2 - Reference may be made in the cases of Deputy Commissioner of Sales Tax (Law) Board of Revenue(Taxes), Ernakulam Versus M/s Advani Oorlikon(p) Ltd reported in 1980 SCC 470, Dasharath Sharma Versus The State of Bihar and others reported in 2005(3) P.L.J.R. 687 and Md. Abu Hasnain Versus The State of Bihar and others reported in 2007(1) P.L.J.R. 797 in this regard. Order-shit of the Certificate Court shows undue hest in which warrants have been issued even without hearing and disposing of the objections filed by the petitioners. I am, therefore, left with no option but to set aside the warrants issued by the Certificate Officer against the petitioners in the said Certificate Proceeding case and direct him to decide the objections of the petitioners on merit within a period of three months from the date of production of copy of this order before him. Petitioners would be free to raise other objections as they may be advised at the time of hearing. With the aforesaid observations and directions the writ petition stands disposed of. Shageer (Navaniti Prasad Singh, J)