JUDGMENT : Heard Mr. A.K. Sahani, counsel appearing on behalf of the petitioner. 2. Heard Mr. Arup Kumar Dey, counsel appearing on behalf of the respondents. 3. This writ petition has been filed for the following reliefs:- For quashing the order dated 16.10.2009 passed by the respondent no. 2 in Certificate Case No. 01/2009-10 (Annexure-6) whereby warrant of arrest purported to have been directed to be issued against the petitioner without disposing of the objection raised by him on 03/08/2009 (Annexure-5). 4. Counsel for the petitioner submits that after issuance of notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 objection under Section 9 was filed by the petitioner on 03.08.2009 as contained in Annexure-5 to the writ petition and the filing of this objection has also been recorded in the order sheet. Thereafter the respondent No. 3 was granted opportunity to file rejoinder to the objection raised by the petitioner and thereafter when no reply was filed by the Certificate Holder ultimately on 16.10.2009 order for issuance of warrant of arrest against the petitioner was issued without disposing of the objection filed by the petitioner under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914. 5. Counsel for the petitioner submits that the petitioner is ready to appear before the Certificate Officer within a period of three weeks from today and the Certificate Officer may be directed to consider the objection filed by the petitioner and necessary order may be passed. 6. Counsel for the respondents on the other hand submits that the petitioner having not paid legally admissible dues has been subjected to certificate proceeding, but however the respondent could not dispute the fact that objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act 1914 has been filed by the petitioner and the warrant of arrest against the petitioner has been directed to be issued without disposing of the said objection. 7. After hearing the counsel for the parties and after considering the materials available on record and the provisions of law this court allows the writ petition on following facts and reasons:- a. Some of the relevant provisions (Sections 4,9,10,14 and 15) of Bihar and Orissa Public Demands Recovery Act 1914 are quoted hereinbelow for better appreciation of the case which reads as under:- 4. Filing of certificate for public demand payable to Collector- When the Certificate Officer is satisfied that any public demand payable to the Collector is due, he may sign a certificate in the prescribed form stating that the demand is due and shall cause the certificate to be filed in his office. 9. Filing of petition denying liability-(1) The certificate–debtor may within thirty days from the service of the notice required by Section 7, or where the notice has not been duly served then within thirty days from the execution of any process for enforcing the certificate present to the Certificate Officer in whose office the certificate is filed or to the Certificate Officer who is executing the certificate, a petition, in the prescribed form, signed and verified in the prescribed manner, denying his liability, in whole or in part. 10. Hearing and determining of such petition-The Certificate Officer in whose office the original certificate is filed shall hear the petition, take evidence (if necessary) and determining whether the certificate-debtor is liable for the whole or any part of the amount for which the certificate was signed; and may set aside, modify or vary the certificate accordingly. 14. When certificate may be executed- No step in execution of a certificate shall be taken until the period of thirty days has elapsed since the date of the service of the notice required by Sections 7 and 11, or when a petition has been duly filed under Section 9, until such petition has been heard and determined: Provided that, if the Certificate Office in whose office a certificate is filed is satisfied that the certificate-debtor is likely to conceal, remove or dispose of the whole or any part of such of his movable property as is liable to attachment under this Act, and that the realization of the amount of the certificate would in consequence be delayed or obstructed, he may at any time direct, for reasons to be recorded in writing, an attachment of the whole or any part of such movable property. 15. 15. Modes of execution- Subject to such conditions and limitations as may be prescribed, a Certificate Officer may order execution or a certificate- 9(a) by attachment and sale, if necessary, of any property, or, in the case of immovable property, by sale without previous attachment, or (b) by arresting the certificate debtor and detaining him in civil prison, or (c) by both of the methods mentioned in clauses (a) and (b). b. From perusal of the aforesaid quoted provision particularly section 14 it appears that in case where objection or petition under section 9 of the aforesaid Act has been filed no step in execution of a certificate shall be taken unless the petition filed under Section 9 has been heard and determined. c. This Court finds that the petitioner had filed his objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act 1914 and the same was not disposed of by the Certificate Officer and without disposing of the objection, warrant of arrest has been directed to be issued against the petitioner on 16.10.2009 which is a step in execution of the certificate. This Court is of the considered view that once the objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act 1914 is filed before the Certificate Officer, unless the objection is disposed of warrant of arrest could not have been directed to be issued against the petitioner particularly in the circumstances when various dates were given to the certificate holder to respond to the objection filed by the petitioner and the response by the certificate holder was not filed before the certificate officer. 8. Accordingly this writ petition is allowed and the order dated 16.10.2009 passed by the respondent no. 2 in Certificate Case No. 01/2009-10 by which order has been passed for issuance of warrant of arrest against the petitioner is hereby quashed and set aside. The petitioner is directed to appear before the Certificate Officer, Ramgarh on 17.05.2018 and the Certificate Officer Ramgarh is directed to dispose of the objection filed by the petitioner in the certificate case within a period of one month thereafter and proceed in accordance with law.