IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4594 of 2005 Manoj Kumar Sinha, son of Late Bhupendra Prasad Sinha, resident of Roshanpur, P.S.-Pirpainti, District-Bhagalpur. ….. …. Petitioner. Versus 1. The State of Bihar. 2. The Collector-cum-District Magistrate, Bhagalpur. 3. The Additional Collector, Bhagalpur. 4. The Sub Divisional Officer-cum-Certificate Officer, Kahalgaon, District-Bhagalpur. 5. The Circle Officer, Kahalgaon, District-Bhagalpur. ……..Respondents. ----------- For the petitioner : Mr. Vinay Krishna Tripathy, Advocate. For the State : Mr. Birendra Kumar, A.C. to S.C.12. ---------- 05/ 07.04.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging the proceeding of Certificate Case No.06/2002-03 pending before the Sub-Divisional Officer-cum-Certificate Officer, Kahalgaon, including order dated 23.02.2005 passed therein under Section 10 of the Bihar and Orissa Public Demand Recovery Act, 1914 rejecting the objection of the petitioner under Section 9 of the Act. 3. Against such an order, an appeal is specifically provided under Section 60 of the Act and the said remedy, in view of this Court, is adequate, proper and efficacious and the petitioner should have approached the appropriate authority against the impugned order. - 2 - 4. Accordingly, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the appellate authority under Section 60 of the Act. If such an appeal is filed by the petitioner along with a copy of the order as well as an interlocutory application for condoning the delay within fifteen days from today, the said authority shall consider the delay caused due to the filing of this writ petition and shall decide the appeal in accordance with law on its own merit expeditiously. If the petitioner wants any interim relief, he may approach the appellate authority who shall also decide the same in accordance with law keeping in view order dated 25.04.2005 passed by a Bench of this Court by which the operation of the impugned order dated 23.02.2005 passed in the aforesaid certificate case pending before the Sub-Divisional Officer-cum- Certificate Officer, Kahalgaon was stayed. Sunil (S. N. Hussain, J.)