IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3119 of 2009 YADUBIR KAMAT Versus THE STATE OF BIHAR & ORS ----------- 2 06.03.2009 Heard counsel for the petitioner and counsel for the State. The grievance of the petitioner in this writ application is with regard to the maintainability of a certificate proceeding on the ground that neither the requisitioned amount under its certificate is a public demand nor the same can be recovered by the process of Public Demand Recovery Act. It has also been contended that the petitioner does not owe any such liability for payment of the amount in question. In the opinion of this court such objections of the petitioner in the first instance will have to be decided by the statutory authority in terms of Section 9 of the Bihar Public Demand Recovery Act. This Court would find that the petitioner has already appeared in the certificate proceedings on 3.7.2008 and therefore, the petitioner instead of rushing to this Court ought to have got his objection filed in terms of notice under Section 7 of the Act. Counsel for the petitioner informs to this Court that such objection has already been filed by the petitioner before the Certificate Officer which is pending - 2 - consideration before the him. If that be so, such objection of the petitioner under Section 9 of the Act must be adjudicated strictly in accordance with law within a period of three months of receipt/production of a copy of this order. The Certificate Officer while deciding such objection of the petitioner may also consider all the pleas raised on behalf of the petitioner including the applicability of the ratio of the Division Bench Judgment of this Court in the case of Indradeo Prasad Sinha Vs. The State of Bihar & Ors. reported in 1992 BBCJ 162. With the aforementioned observations and directions this writ application is disposed of. Bibhash (Mihir Kumar Jha, J.)