IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6023 of 2007 ARBIND KUMAR RAI Versus THE STATE OF BIHAR & ORS ----------- 3 22/02/2010 This writ application has been filed against initiation of a certificate proceeding which is Certificate Case No. 19/2005-06. Requisition has been filed by the District Mining Officer claiming certain amount to be outstanding against the petitioner which is due to non payment of royalty for running a brick kiln. Notice came to be validly served upon the petitioner and thereafter he has rushed to this Court challenging the proceeding on the ground that at no point of time, the petitioner had obtained any concession from the respondents authorities for running a brick kiln. Therefore, the claim made by the respondents is misdirected, if not misplaced. There is no counter affidavit filed on behalf of the respondents. Therefore, all these submissions cannot be decided but another aspect which emerges from the pleadings is that the petitioner has remedy of filing objection before the Certificate Officer under section 9 of the Public Demand Recovery Act which he has not done so far. - 2 - This writ application, therefore, is disposed of with liberty to the petitioner that he shall file his objection under section 9 of the Act raising all the points which have been raised in this writ application on the facts and the law, which the Certificate Officer will decide within the time frame and the future course of action will depend upon the outcome of the same. AMIN (Ajay Kumar Tripathi, J.)