IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12047 of 2009 ASHIT KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 17.9.2009 Heard the learned counsel for the petitioner and the State. The petitioner is aggrieved by order dated 23.6.2009 passed in Certificate Case No.1 of 2005-06 whereby order of attachment for recovery of alleged certificate dues has been passed by respondent no.4 under Public Demand Recovery Act. The petitioner was earlier allotted collection of toll at Samastipur bus stand in the year 2002 -03. Thereafter open bid was held for the subsequent year. As no one appeared in open bid, the petitioner was asked to collect toll of the said bus stand. The petitioner states that he has been depositing Rs.9,425/- per day to the respondent in view of toll collection. The petitioner states that a certificate case commenced against him for the alleged dues as claimed by the respondent authorities. The petitioner filed his objection which is contained in Annexure-10. Learned counsel submits that without disposing the objection, the impugned order has been passed. It appears that the impugned order has been passed as the petitioner remained absent for quite sometime. In case the petitioner had not appeared, the Certificate Officer would have passed order under section 10 of the Public Demand Recovery Act disposing of his objection. The learned State counsel submits that the petitioner 2 defaulted in appearing before the court and huge sum is due against him. After hearing the learned counsel for the parties, this Court provides ane opportunity to the petitioner to appear before the Certificate Officer and press his objection. In case the petitioner does not appear on the next date fixed it will be open to the Certificate Officer to dispose of his objection even in his absence and proceed in accordance with law. The impugned order is kept in abeyance for the period of 8 weeks from today. With the aforesaid direction this writ application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)