IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12149 of 2011 1. Bishnu Kumar Gupta, son of Ram Niwas Gupta, resident of Sarswati Bhawan, Ganesh Lal Compound, Church Road, Siliguri, Post Office, Police Station Siliguri, District Darjeeling (West Bengal). 2. Pradip Kumar Sitani. 3. Nirmal Kumar Sitani. Sl. No.2 and 3 are sons of Late Mahabir Prasad Sitani, resident of Sitani Building, Dina Bazar, Jalpaiguri, Post Office, Police Station and District-Jaipaiguri (West Bengal). …….Petitioners. Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Principal Secretary-cum-Mines Commissioner, Department of Mines and Geology, Bihar, Patna. 3. The Collector, Kishanganj. 4. The Mining Inspector-cum-Competent Officer, Purnea and Kishanganj, District Mining Office, Purnea. 5. Certificate Officer, Kishanganj. …… Respondents. ----------- For the petitioner : Mr. Prem Kumar Verma, Advocate. For the respondents : Mr. Anil Kumar Verma, A.C. to A.A.G. -13. -------- 03/ 11.08.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners challenging the demand notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 claiming, inter alia, that the claim raised by the respondents cannot be legally deemed to be a public demand and hence Certificate Case No.02/2009-10 in which the said notice was issued to the petitioners is not maintainable. 3. It is further apparent that against the aforesaid impugned notice, the petitioners have already filed their objection before the Certificate Officer, Kishanganj under Section 9 of the - 2 - Act on 05.04.2010 and according to the petitioners the said objection has not yet been disposed of. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to the District Certificate Officer, Kishanganj to consider the entire matter, including the question of maintainability of the certificate case in accordance with law and decide the said objection under Section 10 of the Act expeditiously, preferably within two months from the date of receipt/production of a copy of this order. Sunil (S. N. Hussain, J.)