IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6698 of 2006 Md. Asfque, son of Md. Adris, resident of Mohalla-Pankha Toli, P.O. Ramna, District-Muzaffarpur. ….Petitioner. Versus 1. The Bihar State Co-Operative Land Development Bank Ltd., through its Managing Director, Budh Marg, Patna. 2. The Managing Director, the Bihar State Co-Operative Land Development Bank Ltd., Budh Marg, Patna. 3. The Branch Manager, the Bihar State Co-Operative Land Development Bank Ltd., Bhagwanpur, Muzaffarpur. 4. The Certificate Officer-cum-District Manager, the Bihar State Co-Operative Land Development Bank Ltd., Muzaffarur. ….Respondents. ----------- For the petitioner : Mr. Shashi Bhushan Singh, Advocate. For the respondents : Mr. Rajesh Prasad Choudhary, Advocate. -------- 03/ 07.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ has been filed by the petitioner for the following reliefs:- (i) For issuance of an appropriate writ in the nature of certiorari for quashing the entire certificate proceeding bearing No.10307 of 1999-2000, which is pending before the District Manager-cum-Certificate Officer, Land Development Bank, Muzaffarpur, more than the demand raised by the Certificate Officer, has been paid by the petitioner. (ii) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities not to interfere with assets and liberty of the petitioner, on the garb of pendency of the Certificate Case No. 10307 of 1999-2000. (iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions of which the writ petitioner shall be found - 2 - entitled under the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that a notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as ‘the Act’ for the sake of brevity) was issued by the authorities against the petitioner on 03.02.1999 (Annexure-1), whereafter the petitioner paid the amount as demanded, but in spite of that notice dated 10.02.2001 (Annexure- 2) was issued and served upon the petitioner for a much higher amount without appreciating the payments made by the petitioner for which receipts (Annexure-3 series) were granted to him. 4. Learned counsel for the petitioner raises the points that the authority, who had issued notice under Section 7 of the Act was not authorized to issue such notice and that when the petitioner after receiving notice dated 10.02.2001 (Annexure-2) approached the Bank on several occasions for supplying the requisite information, the same was not provided by the authorities of the Bank. 5. So far the first question is concerned, it is admitted that in compliance of notice under Section 7 of the Act dated 03.02.1999 (Annexure-1) the petitioner made some payments and never challenged the said notice for about seven years. So far the second point raised by the petitioner is concerned, notice dated 10.02.2001 (Annexure-2) was received by the petitioner in 2001 itself, but he did not challenge the same before an appropriate forum immediately thereafter without wasting the time making irrelevant efforts, hence filing of this writ petition after five years of receiving - 3 - the notice does not inspire any confidence in the excuses made by the petitioner in that regard. 6. However, in any view of the matter, since the petitioner had made certain payments a chance is given to him to approach the authority concerned according to the provisions of law as the Certificate Case No.10307 of 1999-2000 is claimed to be still pending. If an application is filed by the petitioner as per the provision of the Act before the appropriate authority within fifteen days from today along with a copy of this order, the said authority shall consider the same, including the amount payable and the amount paid by the petitioner and shall decide the same by a speaking order within three months thereafter. 7. With the aforesaid observations/directions, this writ petition is disposed of. Sunil ( S. N. Hussain, J.)