ROSHAN RICE MILL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Having regard to the admitted position that the petitioner is facing a certificate proceeding and that he had agreed for such certificate proceeding by way of inter-party agreement dated 16.01.2013, Clause 15 whereof reads as follows: 15. "The second party agrees that in case, any amount found recoverable on account of default, loss, damage, on the part of the second party, the said recoverable amount with interest will be recovered as Land Revenue under Bihar and Orissa Public Demands Recovery Act, 1914, by instituting Certificate case before the concerned District Certificate Officer". this writ application, questioning the certificate proceeding, must be held to be ill-advised and not maintainable. Thus, the following relief made in this writ application :-

(3.) That being so, this writ application is accordingly disposed of with a liberty to the petitioner to approach the Certificate Officer by way of filing of its objection under section 9 of the Act and if it does so, the Certificate Officer will consider its objection and decide the same strictly in accordance with law. If the petitioner is aggrieved by the order of Certificate Officer it will have to avail the remedy of appeal under Section 60 of the Act as also further revision against the same under Section 62 of the Act.