Rajesh Shankar, J. - (1.) The present writ petition has been filed for quashing the order dated 19.7.2014 passed by the Additional Collector (Supply)-cum-Certificate Officer, Dhanbad in Certificate Case No. 3 (W.C.)/2008-09 whereby, an order of attachment against the petitioners has been passed pursuant to the decree dated 25.8.2007 passed in Title (M.V.) Suit No. 107/2001. The petitioners have also prayed for quashing the entire proceeding of Certificate Case No. 3(W.C.)/2008-09 as against them, pending before the Additional Collector (Supply)-cum-Certificate Officer, Dhanbad, as they have been wrongly impleaded as judgment-debtors. The factual background of the case, as stated in the writ petition, is that a motor vehicle accident claim case was filed by the respondent No. 4 (Sunanda Banerjee) being Title (M.V.) Suit No. 107 of 2001 against the registered owner (Surendra Mishra) of the offending vehicle 'L.M.L. Vespa' bearing No. BR-17D-5004 alleging that he caused injury in motor vehicle accident due to rash and negligent driving. A notice in Title (M.V.) Suit No. 107 of 2001 was published in the newspaper in the name of Dilip Kumar Mishra. Thereafter, the petitioner No. 1, who is the wife of Dilip Kumar Mishra, filed a petition under Order 1 Rule 10(2) of the Code of Civil Procedure, which was disposed of vide order dated 23.9.2006 observing that the legal heirs of Dilip Kumar Mishra are not the necessary party in the aforesaid suit and any finding or final result of the aforesaid suit is not binding on Geeta Mishra W/o. late Dilip Kumar Mishra. Thereafter, the judgment dated 25.8.2007 was passed in Title (M.V.) Suit No. 107 of 2001. Subsequently, on a petition dated 14.9.2007 filed by the respondent No. 4, the names of the petitioners were impleaded in the judgment dated 25.8.2007. As soon as the petitioners came to know about the said fact, they filed review petition being Misc. Case No. 3 of 2007 on 3.10.2007, which was disposed of vide order dated 26.6.2008 holding that Smt. Kamala Mishra W/o. Surendra Mishra, Anand Mishra S/o. Late Surendra Mishra, Miss Nagina Mishra and Miss Prawina Mishra both daughters of late Surendra Mishra, all residents of Park Market, Hirapur, Dhanbad are liable to pay the compensation amount. On the basis of the order dated 26.6.2008 and the letter contained in Memo No. 162 dated 28.7.2008, issued from the Court of the learned Additional District Judge, Fast Track Court-VI, MACT, Dhanbad, a certificate proceeding being Certificate Case No. 3 (W.C.)/2008-09 was initiated and notice was again issued to the petitioners. They appeared and filed an objection under Section 9 of the Bihar & Orissa Public Demand Recovery Act on 4.7.2002, however, without considering the objection of the petitioners, the Certificate Officer vide order dated 19.7.2014, issued warrant of attachment against the petitioners.
(2.) The learned counsel appearing on behalf of the petitioners submits that the petitioners have no concern with said Surendra Mishra and as such any judgment passed against him is not executable against them. Dilip Kumar Mishra S/o. Indra Narayan Mishra had died on 9.7.1999 due to cardio respiratory failure much before the filing of the aforesaid suit and he was never known as Surendra Mishra. In the order of review dated 26.6.2008, it was clearly held that the awarded amount is recoverable only from the legal heir of Surendra Mishra, however, the Certificate Officer ignoring the said order dated 26.6.2008, proceeded to execute the award against the petitioners.
(3.) The learned counsel appearing on behalf of the State-respondents submits that the notice for realization of the outstanding dues has been issued strictly according to the direction of the Civil Court and as such the same needs no interference. The petitioners have no locus standi to file the present writ petition for quashing the order dated 19.7.2014 passed in Certificate Case No. 3(W.C.)/2008-09. The certificate case was initiated for realization of the dues amounting to Rs. 3,99,800/- along with interest @ 8% per annum from the date of the order i.e. 25.8.2007 passed in Title (M.V.) Suit No. 107 of 2001 in terms with the requests made by the Civil Court of competent jurisdiction wherein the names of the defendants/judgment-debtors have been clearly disclosed.;