IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15862 of 2009 SHANKAR KUMAR S/O BADHO SAH R/O VILL.- AKAUNA, P.S.- MUFASSIL, DISTT.- NAWADA ……………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, NAWADA 3. THE CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, NAWADA 4. THE CHAIRMAN, ZILA PARISHAD, NAWADA 5. THE D.D.C., NAWADA 6. THE CERTIFICATE OFFICER, NAWADA……RESPONDENTS For the petitioner : Mr. Sheo Kumar Prasad, Advocate. For the State : Mr. S.K. Singh, SC-22 For respondent nos. 3 to 5 : Mr. Nikesh Kumar, Advocate. ----------- 06/ 16.09.2010 Heard learned counsel for the petitioner and learned counsel for the respondents (State of Bihar and its authorities). This writ petition has been filed by the petitioner challenging the entire proceeding of Certificate Case No.01/06-07 filed by Zila Parishad, Nawada for realization of the dues amount against the auction settlement worth Rs.13,40,500.00 and for other ancillary reliefs. A counter affidavit was filed by the said respondents on 21.06.2010 stating that final order had been passed in the said certificate case on 20.04.2010, but copy of the said order was not annexed to the said counter affidavit. Subsequently a supplementary affidavit was filed on behalf of respondent nos.3 to 5 on 06.09.2010 annexing a copy of the aforesaid final order passed in Certificate Case No.01/06-07. Learned counsel for the petitioner submits that the said order was passed behind his back and earlier he had no notice, 2 knowledge or information about the same and immediately on receipt of the supplementary affidavit dated 06.09.2010 he applied for a certified copy before the authority concerned, but till now the certified copy of the said order has not been provided to him. Learned counsel for the petitioner apprehends that this may be due to the reasons that the authorities concerned want to take coercive action against the petitioner as per the non-compliance of the said order without giving any chance to the petitioner to challenge the said order in an appeal as provided in law. In the facts and circumstances since final order has already been passed in Certificate Case No.01/06-07, this writ petition is disposed of with a liberty to the petitioner to file an appeal within fifteen days from the date certified copy of order dated 20.04.2010 is made available to him by the authorities concerned. If such an appeal is filed within fifteen days from obtaining the said certified copy along with a copy of this order and an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to the aforesaid fact and shall decide the appeal in accordance with law on merits. Learned counsel for the petitioner shall also be at liberty to file an interlocutory application for stay of the operation of the aforesaid order dated 20.04.2010 passed in Certificate Case No.01/06- 07 along with a memorandum of appeal and if such an interlocutory application is filed, the same shall be decided by the appellate authority expeditiously preferably within fifteen days. Till such 3 interlocutory application is decided by the appellate authority, no coercive step shall be taken against the petitioner. Harish (S.N. Hussain, J.)