Aparesh Kumar Singh, J. - (1.)Heard counsel for the parties.
(2.)Petitioner is facing certificate proceedings before the Respondent No. 5 - District Certificate Officer, Koderma in Certificate Case No. 317/2016-17. He has approached this Court on issuance of warrant of arrest to enforce his appearance, as per order dated 25.01.2017. As per the case of the petitioner also, he was in receipt of notice on 31.01.2017. He has contended that 15 days time would have expired on 15.02017. Petitioner took all possible steps to prepare his defence and instructed his lawyer also to pray for keeping the arrest warrant in abeyance. Such application was made on 11.02017. However, ignoring all this infirmities in the service of notice and procedure required to be followed, warrant of arrest was issued on 08.02017 as coercive measure which has aggrieved the petitioner to approach this Court.
(3.)Respondents were allowed time to obtain instructions on 28.02.2017. Counter affidavit have been filed thereafter on 08.02017. Respondents have stated that after receipt of requisition of certificate pursuant to the decision taken in the meeting of Zila Parishad on 20.12.2016 presided over by the Deputy Commissioner, Koderma, Certificate Case No. 317/2016-17 was registered on 24.12.2016. Notice was also issued on the same day. According to them, notice was sent on 26.12.2016, but the petitioner refused to accept the same. Again, it was sent on 27.12.2016 which was also refused. Annexure-C and C/1 is enclosed in support thereof. Receipt of dispatch by Registered post is enclosed as Annexure-D i.e. on 27.12.2016. According to the learned counsel for the Respondents, petitioner was required to take his objection within 30 days to the certificate in question. Since there was no response from the petitioner, order was passed on 25.01.2017 against the petitioner as to why warrant of arrest be not issued against him upon expiry of 15 days. The warrant of arrest has been issued on 08.02.2017 in such background circumstances.