IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4930 of 2011 ----------- Shri Ram Naresh Singh, son of Sri Vishwanath Singh, resident of village Rupasipur, P.O. Jauj, P.S. Mahnar, District Vaishali. … Petitioner Versus 1. The State of Bihar through the District Magistrate Vaishali at Hajipur 2. The Deputy Development Officer, Vaishali at Hajipur 3. The Chief Executive Officer, Zila Parishad, Vaishali at Hajipur 4. The Circle Officer, Jandaha, District Vaishali at Hajipur 5. The Circle Inspector, Jandaha, District Vaishali at Hajipur 6. The Certificate Officer, Vaishali at Hajipur … Respondents -------- 04/ 11.05.2011 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and learned counsel for Vaishali Zila Parishad. 2. This writ petition has been filed by the petitioner challenging the proceeding of Certificate Case No.02 of 2009-10 filed by the Chief Executive Officer, Zila Parishad, Vaishali before the Certificate Officer, Vaishali and also challenging notice dated 29.08.2009 (Annexure 1) issued by the Certificate Officer under section 7 of the Bihar & Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as `the Act’ for the sake of brevity) . 3. The claim of the petitioner is that the Chief Executive Officer, Zila Parishad, Vaishali advertised for tax collection from Gudari Bazar, Jandaha for the period from 01.04.2006 to 31.03.2008, upon which the petitioner approached the authority and settlement was made in his favour for Rs.1,43,500.00, out of which the petitioner deposited Rs.72,000.00. 4. Learned counsel for the petitioner further submits 2 that when he went to collect the tax from Gudari Bazar, he was informed that the said Gudari Bazar did not belong to Zila Parishad, Vaishali and when he filed an application before the Circle Officer of Jandaha, he was informed by the revenue authority also that it is not the land of Zila Parishad. 5. In the said circumstances, learned counsel for the petitioner also submits that he is not liable to pay any amount rather he is entitled to recovery of the amount which he had deposited before the Zila Parishad,Vaishali. 6. However, in any view of the matter when the petitioner had received the impugned notice under section 7 of the Act, he has an appropriate and efficacious remedy by way of section 9 of the Act for filing an application before the Certificate Officer raising all his claims and the grounds as the Certificate Officer has to decide such matter. 7. In view of the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to file his objection before the Certificate Officer under section 9 of the Act. If such an objection is filed by the petitioner before the said authority within fifteen days from today along with a copy of this order, the said authority shall decide the same in accordance with law. MPS/ ( S. N. Hussain, J. )