IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7855 of 2005 SUBASH CHANDRA SINGH SON OF GURU PRASAD SINGH, RESIDENT OF VILLAGE-JAGATPURA, P.S-BHABUA, DISTRICT-KAIMUR(BHABUA). …...PETITIONER. Versus 1. THE STATE OF BIHAR. 2. COLLECTOR-CUM-DISTRICT MAGISTRATE,KAIMUR (BHABUA). 3. NILAM PATRA PADADHIKARI-CUM CERTIFICATE OFFICER, BHABUA, DISTRICT-KAIMUR(BHABUA). 4. STATION IN CHARGE, BHABUA POLICE STATION, P.S.- BHABUA, DISTRICT-KAIMUR (BHABUA) ….RESPONDENTS. ----------- 03. 12.05.2011 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 19.08.1999 as well as order dated 12.04.2005 passed by the Certificate Officer, in Certificate Case No. 1(B)1999-2000/41(B)/1999-2000 by which the petitioner was directed to deposit Rs. 1,81,536/- within 15 days and also for quashing the entire proceeding of the aforesaid Certificate Case and for stay in executing the warrant of arrest issued against the petitioner in the said case and for other ancillary reliefs. 3. Considering the arguments as well as the facts of the case, it is quite apparent that against the final order passed by the Certificate Officer in a Certificate Case an appeal is provided under Section 60 of the Bihar and Orissa Public Demand recovery Act 1914 and the proper efficacious and adequate remedy for the petitioner has been provided but without going before the appellate authority the petitioner has come to this 2 Court where the case is pending since last six years. 4. In the said circumstances, this writ petition is disposed of with a direction to the petitioner to file an appeal against the aforesaid orders. If the said appeal is filed before the appellate authority with requisites under Section 60 of the Act within ten days from today, along with a copy of this order as well as an interlocutory application for condoning the delay the appellate authority shall consider the delay caused due to pendency of this writ petition and shall decide the appeal on its own merits in accordance with law expeditiously. The petitioner, if required, may file an interlocutory application for interim relief before the appellate authority which shall be considered in accordance with law. Devendra/ ( S.N. Hussain, J.)