This writ petition under Articles 226 and 227 of the Constitution has been filed by the State of Assam for issuance of a direction in the nature of certiorari for quashing the proceeding in O.A. 137/97 pending before the Debt Recovery Officer, Guwahati, hereinafter referred to as the Tribunal and also for a direction in the nature of mandamus against the recovery officer not to proceed against the writ petitioner for realisation of the amount.

2. The relevant facts are that respondent M/s. Everest Cycle Ltd., Gopinath Nagar, Guwahati obtained commercial loan from the respondent State Bank of Binaker and Jaipur to the tune of Rs. 10,00,000/-. The present writ petitioner stood as surety in respect of the said loan. As the respondent failed to repay the loan the Bank instituted Title Suit No. 22/97 and 22/98. The said suits were decreed ex parte as the present writ petitioner as well as the borrower chose not to contest the proceedings. The suit was decreed by the Asstt. District Judge No. 1 at Guwahati and thereafter Title Execution Case No. 5/82 was instituted in the said Court for realisation of the amount. During the pendency of the said Execution Proceeding the Recovery