1. This case depicts a sorry state of affairs. Functionaries of the statutory powers blatantly abused to the detriment to the rights of the citizen. The attitude seems to be that the authority can abuse power with no answerability and the only redressal available to citizen would be to get the order set aside. This Court and the Apex Court have repeatedly held that for mere failure to pay civil debt, a person cannot be arrested and such exercise of power would be ultra vires the Constitution. Reference may be made to the case of Jolly George Varghese & Anr. vs. The Bank of Cochin, AIR 1980 SC 470, Dasrath Sharma vs. The State of Bihar & Ors., 2005(3) PUR 687 and Md. Abu Hasnain vs. The State of Bihar, 2007(1) PLJR 797 but the authority still abuses the said power.

2. A certificate proceedings being Certificate Case No. 1/1995-96 was initiated against the petitioner for dues which he had incurred as a consequence of loan taken from the Katihar District Central Cooperative Bank Limited. It appears that for securing the said loan, petitioner had mortgaged substantial landed property to the Bank aforesaid. There being default, the certificate proceedings were initiated in which