IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11967 of 2008 SANTOSH KUMAR SINGH, son of Shri Rajeshwar Singh, resident of village – Kanchanpur, P.O. Kanchanpur, P S – Sasaram (M), Distt. Rohtas (Sasaram). Versus 1. THE STATE OF BIHAR. 2. The Punjab National Bank through its Manager, Karbandia, P.O. Karbandia, Dist. Rohtas. 3. The Manager, Punjab National Bank, Karbandia Branch, P.o. Karbandia, District – Rohtas. 4. The New India Assurance Company Ltd through its Branch Manager, Sasaram. 5. The Regional Manager, New India Assurance Company Ltd. Regional Office, Patna. 6. The Branch Manager, New India Assurance Company Ltd. Sasaram Branch, Sasaram. 7. Shri Chandra Shekhar Prasad, Surveyor, New India Assurance Company Ltd, Patna 41, Montessory School Lane, Boring Road, Patna. 8. The Certificate Officer, Rohtas (Sasaram). ----------- 05. 17.12.2009 Heard learned counsel for the petitioner and learned counsel for the respondents. Based on the assessment of the damage the Insurance Company has already settled the claim of the petitioner. The settled claim does not satisfy the petitioner. If that be so, he will be well advised to approach the consumer court of competent jurisdiction for the said settlement, if so advised. The other issue raised in the writ application is that in view of the intensive damage petitioner had suffered due to heavy rain, the certificate case should not be allowed to continue till the so-called claim from the Insurance Company is settled to the liking of the petitioner. The Court has not come across a decision and any principle of law settled in this regard which can compel to interfere and - 2 - restrain the certificate proceeding. The petitioner will be well advised to raise objections under section 9 of Public Demand and Recovery Act before the Certificate Officer and such questions of law which are tenable. No interference is required in the writ application in view of given facts urged and pleaded. The writ application is dismissed. rkp (Ajay Kumar Tripathi, J)