IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3165 of 2006 Yadubansh Kumar Bhagat, son of Late Raghuraj Kishore Bhagat, resident of village-Pachrukhi, P.S. Shahkund, District-Bhagalpur. …..Petitioner. Versus 1. The State of Bihar. 2. Branch Manager, State Bank of India, Main Branch, Bhagalpur. 3. District Magistrate, Bhagalpur. 4. Commissioner, Bhagalpur. 5. Certificate Officer, Bhagalpur. …..Respondents. ----------- For the petitioner : Mr. Rajiva Ranjan Singh, Advocate. For the respondent-Bank : Rakesh Kumar Singh, Advocate. For the State : Mr. Gyan Shankar, A.C. to G.P 6. -------- 04/ 24.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) For directs to the respondents to pay the rest deposited amount, which has been deposited on the time when the credit amount has been deposited. (ii) For further quash the order of the learned Commissioner Bhagalpur who has passed an order in Bag.Rev. Re(Sel) Case No.3/2005-06 by order dated 7.12.2005. (iii) For further quash the order of the learned Collector, Bhagalpur who has passed order in Certificate Appeal No.79/03-04 by order dated 1.8.05. (iv) For any other relief/reliefs for which the petitioner found entitled. 3. From the averments made by learned counsel for the parties and the materials on record it is quite apparent that - 2 - Certificate Case No.43 of 1999-2000 was initiated at the instance of State Bank of India (respondent no.2), but the Certificate Officer, Bhagalpur (respondent no.5) passed his order dated 31.03.2003 (Annexure-4) in favour of the petitioner. Against the said order of the Certificate Officer, the respondent-Bank filed an appeal under Section 60 of the Bihar & Orissa Public Demand Recovery Act, 1914 which was numbered as Certificate Appeal No.79/03-04 and was disposed of by the Collector, Bhagalpur (respondent no.3) vide order dated 01.08.2005 (Annexure-5) by which the matter was remitted to the Certificate Officer for fresh consideration and order. Against the appellate order, the petitioner filed Certificate Revision No.03 of 2005-06 which was dismissed by the Commissioner, Bhagalpur (respondent no.4) vide order dated 07.12.2005 (Annexure-8). 4. Against the said orders, the petitioner has filed this writ petition claiming that the appeal filed before the Collector was hopelessly barred by limitation and hence he should not have entertained the said appeal. He has also stated that neither contentions of learned counsel for the petitioner, who had appeared on the same day, had been taken into account, nor the findings of the Certificate Officer had been appreciated by the appellate authority and hence the revisional authority, namely the Commissioner, should not have affirmed the said order. However, from the order of the Commissioner, it is quite apparent that he has considered the matter at length. Furthermore, in any view of the matter, much time - 3 - has elapsed and the order is only with respect to fresh consideration of the matter by the Certificate Officer. 5. In the said circumstances, this writ petition is disposed of with a direction to the Certificate Officer, Bhagalpur to pass a fresh order giving opportunity to both the parties to place their respective claims and pass a final order, if not yet passed, within three months from the date of receipt/production of a copy of this order. 6. Learned counsel for the Bank undertakes that he will not create any hindrance in the early disposal of the certificate case, if it is not yet disposed of. Sunil (S. N. Hussain, J.