2026:JHHC:20215 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3811 of 2026 ------ Kali Pado Yadav, S/o Late Mahendra Yadav, R/o Bhonda, P.O. Kundidhar, P.S. Kumardungi, District West Singhbhum. … … Petitioner Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, West Singhbhum, having office at P.O. & P.S. Chaibasa, District West Singhbhum. 3. The Dedicated Certificate Officer, West Singhbhum, having office at P.O. & P.S. Chaibasa, District West Singhbhum. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sanjay Kumar Sinha, Advocate For the Respondent(s) : Mr. Aditya Raman, AC to GA-III ------ 03/ 08.07.2026 By filing this writ petition, the petitioner has prayed for the following reliefs:- "for issuance of a writ in the nature of Certiorari for quashing the warrant of arrest dated 10.4.2023 issued by the respondent no.3 in connection with Certificate Case No.191/2012, by which the Officer-in-charge, Hatgamharia P.S. has been commanded to arrest the petitioner against whom a Road Tax of Rs.2,02,257/- and interest of Rs.1,45,626/- total Rs.3,47,883 (Three lakh forty seven thousand eight hundred and eighty three) has been shown due against his truck No. BRS 2197." 2. Heard learned counsel representing the petitioner and learned counsel representing the respondents. 3. On the last date i.e. 08.06.2026, this Court directed the respondent - State to bring on record the final order, if any, in Certificate Case No.191/2012, passed by the Certificate Officer, 2026:JHHC:20215 2 West Singhbhum, Chaibasa. 4. Today, learned counsel representing the respondent - State, while referring to the counter affidavit, submits that the aforesaid Certificate Case is still pending. He also submits that warrant of arrest has been issued against the petitioner, with a direction that if the petitioner deposits 25% of the total outstanding certificate amount, the warrant of arrest would be re-called. 5. The procedure adopted by the Certificate Officer is absolutely dehors the provision of law. Once the Certificate Case is filed and an objection is filed by the objector under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914, the certificate has to be determined. 5.1. The provision of law is clearly laid down in the Act itself. Without passing a final order, no amount can be directed to be deposited by the Authority, as the Authority has the right to vary, modify, confirm and set aside the certificate. Thus, during pendency of a certificate proceeding, directing the certificate debtor to deposit any amount or any percentage of the amount, that too, by issuing warrant of arrest is nothing but a coercive measure not approved by law. This approach is strongly deprecated by this Court. 5.2. Thus, the warrant of arrest dated 10.04.2023 in connection with in Certificate Case No.191/2012 passed by respondent No.3 - Dedicated Certificate Officer, West Singhbhum, Chaibasa, is hereby quashed and set aside. 5.3. Since the certificate proceeding is still pending, I direct the Certificate Officer to pass a final order after hearing the 2026:JHHC:20215 3 petitioner and thereafter only, he / she can take appropriate steps as per the provisions laid down under the Bihar and Orissa Public Demands Recovery Act, 1914. 5.4. The petitioner is directed to cooperate in the hearing and he will ensure that he is represented by any Lawyer or himself remain present on the date when the case is fixed for hearing. If the petitioner does not cooperate, it will be open to the Certificate Officer to proceed ex-parte, after recording reasons. 6. With the aforesaid observations and directions, this writ petition stands allowed. (ANANDA SEN, J.) 08th July, 2026 Prashant. Cp-2 Uploaded on 14.07.2026