Ramesh Kumar Merathia, J. - (1.) HEARD the parties finally.
(2.) THE petitioner filed a writ petition being WP (C) No. 5667 of 2006 which was disposed of by passing the following order: Petitioner has come up against the order dated 28th August, 2006, issuing distress warrant against its proprietor in Certificate Case No. 01 of 2006 -07. It is settled law that a writ Court cannot settle the civil disputes and no illegality in the proceedings, initiated by the Certificate Officer, has been pointed out. Learned Counsel appearing for the petitioner, however, submits that the petitioner may be allowed some reasonable time to deposit the outstanding amount. In view of this statement, the writ petition is disposed of with a direction to the Certificate Officer, Bermo (Tenughat), not to execute the distress warrant, issued in Certificate Case No. 01 of 2006 -07 for a period of two months from today. If the petitioner fails to deposit the amount in question within the aforesaid period of two months, the Certificate Officer shall be at liberty to proceed in accordance with law. Admittedly the petitioner did not comply with the said order by depositing the amount within the time. Thereafter he filed this writ petition for quashing the same order dated 28th August, 2006 passed by the Certificate Officer, Bermo at Tenughat in Certificate Case No. 01 of 2006 -07 issuing distress warrant, on the ground that he had deposited Rs. 1,00,000/ - in compliance of the said order.
(3.) THE stand of the respondents is that this writ petition is not maintainable being barred by res judicata and though the petitioner has deposited certain amounts, but not as per the said order of this Court.;