J.N.Dubey, J.

1. Petitioner has approached this Court for issuing a writ of certiorari quashing the entire proceedings of Certificate Case No. 17 of 1986 pending before the respondent no.3, the Sub-Divisional Officer-cum-Certificate Officer, Rohtas at Sasaram.

2. It appears that respondent no.4, District Forest Officer, Rohtas at Sasaram published a tender notice for settlement of Tendu Leafs Units, in which the petitioner also participated. Since the petitioner was the highest bidder, his bid was accepted and an agreement was executed between the parties on 17.11.75. The petitioner could not fulfil the terms of the agreement and, as such, Respondent no.4 issued a fresh tender notice and settled the deal with a third person. Since respondent no.4 got less amount than the amount offered by the petitioners, he sent a requistion to the respondent no.3 under section 5 of the Bihar and Orissa Public Demand Recovery Act (hereinafter referred to as the Act) for recovery of the amount as public demand. Respondent no.3 issued a notice under section 7 of the Act to the petitioner. On receipt of the notice petitioner filed objection under section 9 of the Act claiming inter alia that