IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1903 of 2005 Gyanchand Prasad S/o Shri Gulab Sah Resident of Mohalla Noorganj, Police Station-Sasaram, District-Rohtas. ……Petitioner. Versus 1. The State of Bihar. 2. The Commissioner, Patna Division, Patna. 3. The Collector, Rohtas at Sasaram. 4. The Certificate Officer, Sasaram, Rohtas. 5. The Bihar State Food and Civil Supply Corporation Ltd through the District Manager, Rohtas, Sasaram. …….Respondents. ----------- For the petitioner : M/s. Aditya Sharan & P.K.Sharan, Advocates. For the State : Mr. Ram Das Singh, A.C. to S.C.-12. For the Corporation : Mr. Vikas Kumar, Advocate. ---------- 03/ 20.01.2011 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities as well as learned counsel for the respondent-Bihar State Food and Civil Supply Corporation Limited (respondent no.5). 2. This petition has been filed by the petitioner challenging order dated 29.10.2004 (Annexure-1) by which the Certificate Officer, Sasaram rejected the petitioner’s application filed in Certificate case No.09 of 1982-83 and for other ancillary reliefs. 3. From the arguments of learned counsel for the parties and the materials on record it is quite apparent that the aforesaid certificate case was initiated against the debtor (petitioner) and after considering the matter the plea of the debtor was rejected and certificate was issued on 17.09.1985. Against the said order, an appeal was filed by the petitioner before the District Magistrate as per the provisions of the Bihar Public Demands Recovery Act, - 2 - 1914, but the said appeal was dismissed on 26.03.1986, against which the petitioner filed revision before the Divisional Commissioner, but the same was also dismissed on 19.08.1986. 4. It further transpires that against the said orders the petitioner filed CWJC No.4364 of 1986, but the same was dismissed for default on 01.08.1996. Thereafter MJC No. 342 of 2001 was filed by the petitioner for restoration of the said writ petition but the said petition was also dismissed for default on 07.03.2001. It transpires that MJC No.784 of 2001 was filed by the petitioner which was dismissed as not maintainable by a Bench of this court on 25.04.2001. 5. It is also apparent from the record that the petitioner filed another writ petition bearing CWJC No.8185 of 2001 which was dismissed holding that the same matter cannot be allowed to be re-agitated through another writ petition. However, an observation was given with regard to imprisonment of the petitioner holding that if the petitioner has completed the period of prison permissible under the Bihar Public Demand Recovery Act, the court below will be required in law to consider petitioner’s representation filed for the said purpose and correct order would be passed in that regard in accordance with law. 6. In the aforesaid facts and circumstances, order dated 17.09.1985 passed by the Certificate Officer in the certificate case after being affirmed by the higher authorities has attained finality. In the said circumstances, there was no occasion for the certificate - 3 - officer to take a different view and he had rightly rejected the petitioner’s petition with regard to orders passed in the certificate case. However, the order of this court passed in CWJC No. 8185 of 2001, so far it concerns the question of release of the petitioner, has been duly complied as the petitioner has already been released. 7. In the said circumstances, this court does not find any merit in this writ petition which is, accordingly, dismissed. Sunil (S. N. Hussain, J.)