(1.) THE petitioner is facing a proceeding under the Public Demands Recovery Act, registered as Certificate Case No. 7 of 2001 -2002 before the District Certificate Officer, Gaya. The Certificate case is instituted for recovery of Rs. 2,45,000/ -. The petitioner seeks quashing of the proceedings in the certificate case on the ground that the amount sought to be recovered was not a public demand and the provisions of the Act were, therefore, not attracted for its recovery. Seeking the same relief the petitioner earlier came to this court in C.W.J.C. No. 3943 of 2002 which was dismissed by order dated 10.4.2002 (Annexure -4). At that stage this court declined to intervene in the matter but left it open to the petitioner to agitate the question of maintainability of the proceedings before the Certificate Officer himself. The operative part of that order is as follows :
(2.) IN pursuance of this court 'sdirection the petitioner filed his objections before the certificate officer. The objection petition filed under section 3 of the Public Demands Act was rejected by order dated 5.9.2002. In that order, however, the Certificate Officer did not advert at all to the issue of maintainability of the certificate case though it is asserted in the writ petition that the question of maintainability of the proceedings was specifically raised before the Certificate Officer. This writ petition has now been filed challenging the order, dated 5.9.2002 passed by the Certificate Officer.
(3.) IT appears that the petitioner had taken the settlement of the Barabar Mela for the year 2000 - 2001. on the basis of a public auction. In fact in the auction held for the settlement of the mela, the highest bidder was one Rajendra Singh who had made a bid of Rs. 4,55,000. Later on, the petitioner filed a complaint before the Commissioner, Magadh Division alleging irregularities in holding the auction and offering a sum of Rs. 6,79,000/ - for the settlement of the mela. On the intervention of the Commissioner on the basis of the complaint filed by him the settlement was made in the petitioners favour for a sum of Rs. 6,79,000/ -. Out of the settlement money he deposited Rs. 4,34,000/ - and for the recovery of the balance amounting to Rs. 2,45,000/ - the certificate case has been instituted against him.