IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18180 of 2010 SURENDRA YADAV SON OF SRI VIDYA YADAV, RESIDENT OF VILLAGE NARAINAPUR, P.S. – RAMNAGAR, DISTT. WEST CHAMPARAN. …….PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, WEST CHAMPARAN 3. THE ADDL. COLLECTOR CUM- SENIOR CERTIFICATE OFFICER, WEST CHAMPARAN 4. THE CIRCLE OFFICER, RAM NAGAR, WEST CHAMPARAN……………………RESPONDENTS. For the petitioner : Mr. Shekhar Singh, Advocate. For the respondents : Mr. Prabhat Kumar Verma, A.A.G.-V with Mr. Prabhat Kumar Sharan, A.C. to A.A.G -V ----------- 06/ 08.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 03.03.2010 passed by the Additional Collector-cum-Senior District Certificate Officer, West Champaran in Certificate Case No.02 of 2001-02 rejecting the objection filed by the petitioner under section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as the Act for the sake of brevity) and also challenging order dated 03.05.2010 passed by the Collector-cum Appellate Authority dismissing the appeal filed under section 60 of the Act on the ground that order of the Additional Collector dated 03.03.2010 was not a final order. - 2 - 3. Considering the arguments made by learned counsel for the parties as well as the materials on record, it is quite apparent that order dated 03.03.2010 (Annexure-14) passed by the Additional Collector-cum-Senior District Certificate Officer, West Champaran (respondent no.3) was a final order rejecting the objection of the petitioner under section 9 of the Act and determining the certificate amount. 4. In the aforesaid circumstances and also in view of the proviso to sub-section 1 (b) of Section 60 of the Act, the appeal was clearly maintainable if the appellant had paid 40 % of the amount determined under section 10 of the Act. Hence the impugned order of the appellate authority is clearly illegal and is accordingly quashed and the appellate authority is directed to decide the appeal afresh in accordance with law after satisfying itself that all the formalities provided in law for such appeal, including payment of 40 % of the amount determined has been fulfilled by the petitioner. 5. The petitioner is directed to produce a copy of this order before the appellate authority within two weeks from today and the said authority shall decide the appeal expeditiously on merits in accordance with law by a speaking order preferably within a period of four months thereafter. All the parties are directed to co-operate in the matter. - 3 - 6. With the aforesaid observations/directions, this writ petition is disposed of. Harish (S.N. Hussain, J.)