IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6705 of 2006 Shri Ram Goenka son of Shri Kesar Das Geonka, resident of Mohalla-Gola Road, P.S. Samastipur Town, District-Samastipur. ……Petitioner. Versus 1. The State of Bihar. 2. Divisional Commissioner, Darbhanga. 3. Collector, Samastipur. 4. The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through Assistant Engineer, Electric Supply Sub Division, Samastipur. 5. Certificate Officer, Bihar State Electricity Board, Mithila Area Lal Bagh, Darbhanga. …..Respondents. --------------- For the petitioner : Mr. Naresh Chandra Verma, Advocate. For the respondents : Mr. Ravi Verma, A C to G P 12. ----------- 03/ 07.12.2011 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 24.04.2003 (Annexure-1) by which the Divisional Commissioner, Darbhanga (respondent no.2) dismissed Certificate Revision case No.18 of 2001-02 on the ground that 40% of the certificate amount was not deposited. 3. Learned counsel for the petitioner claims that since the demand in question was not a public demand and the petitioner was not liable to pay the amount, there was no occasion for the petitioner to deposit 40% of the certificate amount in the said certificate revision case. 4. From the facts and circumstances of this case it transpires that due to non-payment of the bill of Bihar State Electricity Board Certificate Case No.34 of 1984-85 was initiated against the petitioner and a notice under Section 7 of the Bihar and Orissa Public - 2 - Demands Recovery Act, 1914 (hereinafter referred to as ‘the Act’ for the sake of brevity) was served upon the petitioner. Against the said notice the petitioner did not approach this Court challenging the said notice as ab initio void on the basis of the claim which the petitioner is now raising before this Court. He merely filed an objection under Section 9 of the Act on the merits which was rejected by the District Certificate Officer, Bihar State Electricity Board, Darbhanga and an order under Section 10 of the Act was passed. 5. Against the said order the petitioner filed Appeal No.389 of 2000 before the Collector, Samastipur under Section 60 of the Act. Whether he paid any such fees along with the said appeal, is not stated in the writ petition, nor the order of the Collector, Samastipur rejecting the appeal has been annexed to this writ petition. 6. It is also not in dispute that the petitioner filed Revision No.18 of 2001-02 before the Divisional Commissioner, Darbhanga under Section 62 of the Act, but the requisite amount, which was to be paid along with the revision, was not paid by the petitioner. It may be noted that when a revision is filed, the provision of Section 62 of the Act has to be followed and the amount required has to be deposited by the petitioner along with the revision petition. The petitioner not complying the said requirement, his revision was rightly dismissed by the Divisional Commissioner vide his impugned order dated 24.04.2003 (Annexure-1). 7. This court does not find any illegality in the said order of the authority concerned. Accordingly, this writ petition is dismissed. Sunil ( S. N. Hussain, J.)