Statutory remedy in certificate proceedings prevails, with limited interim protection to enable a liability objection before the officer.

Where a specific statutory mechanism exists to dispute liability in certificate proceedings, the writ court may decline to examine the merits of objections and direct the aggrieved person to pursue that remedy. Here, the petitioner was allowed to approach the Certificate Officer under Section 9 of the Bengal Public Demand Recovery Act, 1913, and the officer was directed to decide the objection on merits without rejecting it merely for delay. To preserve access to the statutory forum, the operation of any unexecuted warrant of arrest was kept in abeyance for a limited period.

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Issues: Whether the petitioner should be relegated to the statutory remedy under Section 9 of the Bengal Public Demand Recovery Act, 1913 in relation to the certificate proceeding and the unexecuted warrant of arrest, and whether interim protection was warranted to enable such recourse.

Analysis: The writ court declined to examine the merits of the objections raised against the certificate proceedings, including the petitioner's denial of liability and the challenge to the basis of the demand. Taking note of the disputed factual matrix and the availability of a specific statutory mechanism to deny liability, the court granted liberty to the petitioner to approach the Certificate Officer under Section 9. The Certificate Officer was directed to decide the objection on merits and not to reject it merely on the ground of delay. To facilitate the petitioner's appearance before the authority, the operation of any unexecuted warrant of arrest was kept in abeyance for a limited period.

Conclusion: The petitioner was relegated to the alternative statutory remedy, with limited interim protection against execution of the warrant for the specified period.

Final Conclusion: The writ petition was disposed of without adjudication of the substantive disputes, leaving the petitioner to pursue the prescribed statutory remedy before the Certificate Officer.

Ratio Decidendi: Where an efficacious statutory mechanism exists to dispute liability in certificate proceedings, the writ court may decline merits adjudication and direct the aggrieved person to pursue that remedy, while granting limited ancillary protection to preserve access to the statutory forum.

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