Nagendra Prasad Singh, J.

1. The petitioner in this writ application has questioned the validity of a certificate proceeding initiated under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as the Act). During the pendency of aforesaid certificate case, the petitioner was taken into custody, perhaps, in purported exercise of the power, conferred on the Certificate Officer by Sec.38 read with Sec. 40 of the said Act. According to the petitioner, his detention is without any authority in law.

2. It appears that in the district of Nawadah there is a Bhadauni Hat which is being settled from time to time by the State Government in accordance with the provisions of the Bihar Land Reforms Act and the Rules framed thereunder. For the year 1975-76 a public auction was held on 17-3-1975 in which the petitioner was the highest bidder, and as such, his bid for Rs. 50100.00 was accepted by the Anchal Adhikari, who was holding the bid. The petitioner deposited the security money and came in possession of the said Hat. By 2-8-1975 the petitioner had deposited Rs. 36,900.00 and during this period he was collecting the tolls. It is an admitte