AKHAURI BIJOY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the order, dated 26.6.95 of the respondent no.3, Peputy Collector Land Reforms -cum -Certificate Officer, Bikramganj, Rohtas rejecting the objection of the petitioner under section 9 of the Bihar and Orissa Public Demand Recovery Act (hereinafter referred to as 'the Act ').

(2.) IT appears that the petitioners, when he was working as Junior Engineer in Zila Parishad, Rohtas was advanced some money for execution of certain construction work. Certificate Case no.1 of 1993 -94 was instituted against the petitioner for recovery of the said amount at the instance of respondent no.2, Deputy Developmet Commissioner -cum -Chief Executive officer, Rohtas Zila Parishad, Sasaram. On receipt of notice from the respondent no.3, petitioner filed objection under section 9 of the Act claiming that the amount in question was not a public demand within the meaning of the Act and, as such, it could not be legally recovered in these proceedings. Respondent no.3 rejected the objection of the petitioner on 26.6.95 holding that the amount in question was recoverable as a public demand. Feeling aggrieved the petitioner has approached this Court under Article 226 of the Constitution.

(3.) LEARNED counsel for the petitioner contended that even assuming that some money was due against the petitioner it could not be recovered under the certificate proceedings as the amount was not a public demand within the meaning of the Act.