IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.270 of 2009 PAWAN KUMAR UPADHYAY SON OF SHRI LAL BABU UPADHYAY, RESIDENT OF VILLAGE PAKRIHAR, P.S. SANICHARI, DISTRICT WEST CHAMPARAN..........APPELLANT Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM- SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF BIHAR, TRANSPORT BHAWAN,B.C. PATEL, PATHA, PATNA. 3. THE DISTRICT TRANSPORT OFFICER, BETTIAH, WEST CHAMPARAN. 4. THE DISTRICT CERTIFICATE OFFICER, BETTIAH, WEST CHAMPARAN. .................................... RESPONDENTS. --------------- ADVOCATE FOR THE APPELLANT: MR. SANJEEV KUMAR.NO.1 ADVOCATE FOR THE RESPONDENTS:- MR. SHASHI KANT SINGH, A.C. TO G.A.6 ------------------------- 6 31-8-2009 Heard the parties. This appeal is directed against the order dated 10-2- 2009 passed in C.W.J.C.No. 2029 of 2009 whereby the writ court has dismissed the writ petition filed by the appellant. From the order under appeal as well as from the submissions advanced by the learned counsel for the appellant it appears that the main grievance of the writ petitioner/appellant is that his objection filed under section 9 of the Bihar Public Demand Recovery Act ( hereinafter referred to as the “Act”) has remained pending since August, 2002 and instead of rejecting or allowing the objections, the Certificate Officer has been passing only - 2 - interim orders without deciding the objections. The writ court has noticed the orders passed on 22- 5-2008,5-6-2008, 11-6-2008 and 13-9-2008 and on that basis a conclusion has been drawn that the objections raised by the appellant under section 9 of the Act have been decided. Learned counsel for the Appellant has taken us to those orders and has submitted that on those dates the Certificate Officer was only making enquiry as to how much money has been paid by the appellant towards the demand involved in the certificate proceeding and that also only on the basis of receipt to be produced by the appellant. We find merit in the submissions advanced on behalf of the the appellant. Although the Certificate Officer is not required to pass a detailed judgment like a Civil Court but being a statutory authority required to decide the objections filed under section 9 of the Act, he must pass a clear order indicating that he has applied his mind to the objections filed under section 9 of the Act and has taken a conscious decision in respect of various objections and has come to a definite finding on way or the other in respect of those - 3 - objection. There is no order showing disposal of objections filed under section 9 of the Act. Hence the matter is remitted back to the Certificate Officer who shall dispose of the objections filed under section 9 of the Act at an early date, preferably within two months from the date of production/communication of a copy of this order. The order under appeal is modified to the aforesaid extent and the appeal is allowed only to that extent. ( Shiva Kirti Singh,J) ( Jyoti Saran, J) Naresh