JUDGMENT Sujit Narayan Prasad, J. - Reference may be made to the order dated 28.01.2019 whereby and whereunder this Court after hearing learned counsel for the petitioner as also the State respondent wherein it has been argued that on the basis of deemed service of notice the distress warrant has been issued by passing an order under Section 10 of the Bihar and Orissa Public Demand Recovery Act, 1914. 2. This Court after hearing learned counsel for the petitioner has adjourned the matter since the bank was not represented on that date, therefore, the petitioner was directed to serve copy of the writ petition upon the learned counsel for the State Bank of India, in turn thereof, copy of the same has been served upon him and the Bank has been represented by Mr. Rajesh Kumar. 3. Learned counsel for the Bank has fairly submitted by referring to the counter affidavit filed on behalf of the State respondent that on the basis of deemed service of notice, the certificate has been issued by taking decision under Section 10 of the Bihar and Orissa Public Demand Recovery Act, 1914 without resorting to the alternative mode of service of notice i.e. by way of paper publication. 4. Learned counsel for the petitioner submits that he may be allowed with an opportunity to file his objection in his defence before proceeding further, to which learned counsel for the Bank has not objected. 5. In view thereof and taking into consideration the pleading made in the writ petition to the effect that the service of notice upon the petitioner has been treated to be valid since the requisites since has not returned back. 6. It is further evident that no alternative mode of service of notice has been taken i.e. way of paper publication since the proceeding is in the nature of compounding and there is likelihood of accepting the liability by the debtor, therefore, one opportunity is required to be given to the petitioner, therefore, the matter is remitted before the Certificate Officer. 7. The petitioner is directed to submit his reply within a period of two weeks from the date of receipt of copy of the order in pursuance to the provision made under Section 9 of the Act, 1914. 8. 7. The petitioner is directed to submit his reply within a period of two weeks from the date of receipt of copy of the order in pursuance to the provision made under Section 9 of the Act, 1914. 8. Certificate Officer will take decision in accordance with law upon the said application within a period of four weeks from the date of receipt of such objection and thereafter proceed in accordance with law. 9. Till final order, no coercive action shall be take against the petitioner. 10. It is made clear that the order is to be passed by the authority within the time stipulated hereinabove and the petitioner is to cooperate with the proceeding, in case of non-cooperation, the Certificate Officer will be at liberty to proceed in accordance with law. 11. In view thereof, writ petition is disposed of.