IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7353 of 2006 1. M/S Rohtas Mineral Supply Agency situated at Banjari, P.O. Banjari, Police Station-Sasaram, District- Rohtas represented through its proprietor Sri Narendra Prasad Sinha. 2. Shri Narendra Prasad Sinha, son of Sri P.K. Sinha, Proprietor of M/S Rohtas Mineral Supply Agency situated at Banjari, P.O. Banjari, Police Station- Sasaram, District-Rohtas. -----Petitioner. Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Commissioner, Rohtas. 3. The District Magistrate, Rohtas. 4.The District Mining Officer, Rohtas. 5. The Assistant Mining Officer, Rohtas. 6. The Certificate Officer (Mines), Magadh Circle, Gaya ---- Respondents. ---------------------------------- For the Petitioner: Mr. Md. Faiz Ahmad, Advocate. For the Mines : Mr. V.M. K. Sinha, Spl.P.P.(Mines) For the State : Mr. Starughna Pandey, A.C. to S.C. 23. ----------- 3. 20.12.2011 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: (a) For issuance of an appropriate writ/writs, direction/directions in the nature of certiorari or writs, order or orders for quashing the initiation of certificate proceedings based upon the audit report for recovery of Rupees 22,95,464.65 as royalty and price of lime stone supplied to M/S Kalyanpur Cement Limited has been initiated against the petitioner’s company vide certificate case no.2/99-2000. (b) For issuance of an appropriate writ/writs, 2 direction/directions in the nature of mandamus or writs, order or orders punishing the erring officers deliberately putting the petitioner to harassment and causing financial hardship. (c) For further kind indulgence of this Hon’ble court to look into the matter and the concerned respondents may be directed to produce all connected records for perusal for passing an appropriate order. (d) For further direction on the concerned respondents to launch and to conclude an appropriate enquiry against the erring officers deliberately putting the petitioner to harassment and causing financial hardship for ignoring the requisites of law for initiating the certificate proceedings and to direct exemplary cost upon the concerned respondent causing delay in payment of the contractual dues and also not complying with the norms of the agreement for the reasons best known to them. (e) For any other relief/reliefs which the Hon’ble Court may grant in general interest checking these kinds of harassment to the Government officials that may be deemed appropriate and necessary in this case. 3. From the averments made by learned counsel for the parties, it is quite apparent that the above mentioned certificate case was initiated against the petitioner and notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as the Act) had been issued, whereafter the petitioner filed objection under Section 9 of the Act but the said objection has not yet been decided. 4. In the aforesaid facts and circumstances, this writ 3 petition is disposed of with a liberty to the petitioner to file an application before the Certificate Officer, (Mines), Magadh Circle, Gaya (respondent no.6) along with a copy of the said objection as well as a copy of this order. If the aforesaid application is filed within 15 days from today, the said authority shall decide the objection by a speaking order within two months thereafter. Till then, no coercive action shall be taken against the petitioner. If the petitioner is aggrieved by the said order he will be at liberty to challenge the same before the forum provided under the Act. Vinay/ ( S. N. Hussain, J.)