- (1.) THE appellants being not satisfied with the order dated 11.9.1999, passed by the District Certificate Officer, Kodarma, in Certificate Case No. 4/91 -92 preferred the connecting writ petition CWJC No. 2759/2000(R).
(2.) THEIR grievance was that the order dated 11.9.1999 was passed by the Certificate Officer without determination of objection filed under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 and without determining the liability of the appellants under Section 10 of the said Act. The appellant No. 2 was illegally taken into custody. The learned Single Judge by the impugned order dated 13.8.2000 dismissed the writ petition on the ground that after filing of objection under Section 9 of the Act, the appellants did not choose to appear. Subsequently, the appellants had expressed their inability to pay the amount immediately because of their bad financial condition.
(3.) IN the present case the respondents have not disputed that the objection under Section 9 of the Act was preferred by the appellants on 25.2.1994 and it was not decided prior to the order dated 11.9.1999. From the perusal of the photostat copy of the order -sheet it further appears that one or another party was absent on one or another date. On number of days, though the appellants appeared but the case was not taken up because the officer was busy with official work as evident from the order -sheet dated 25.2.1994, 20.6.1994. 15.7.1994 and 29.7.1994.;