Sanjeev Prakash Sharma, J.—Heard learned counsel for the parties.

2. The petitioner has prayed for the following relief(s):—

“I. Issuance of writ in the nature of certiorari for quashing order contained in Memo No. 1913 dated 03.11.2022 and Memo No. 1984 dated 15.11.2022 issued by the District Welfare Officer, Aurangabad whereby and where under the District Welfare Officer, Aurangabad had directed the Petitioner to deposit the amount of Rs. 37,56,000 on the basis Letter No. 8864 dated 25.08.2022 issued by the Economic Offence Unit, Bihar with false allegation that the said amount had been misappropriated by the Petitioner without even serving the Letter No. 8864 dated 25.08.2022 issued by the Economic offence Unit Bihar to the Petitioner and without issuance of any Show cause Notice to the Petitioner about the allegations as alleged and the same is violative of Principle of natural justice.

II. Issuance of writ in the nature of certiorari for quashing the Memo No. 104 dated 16.01.2023 issued by the District Welfare Officer, Aurangabad by which the District Welfare Officer Aurangabad had directed the Petitioner to deposit the amount of Rs. 37,56,000 on the basis Letter No. 8864 dated 25.08.2022 issued by the Economic Offence Unit, Bihar with false allegation that the said amount had been misappropriated by the Petitioner without serving the Letter No. 8864 dated 25.08.2022 issued by the Economic offence Unit Bihar to the Petitioner and without issuance of any Show cause Notice to the Petitioner about the allegations as alleged which is violative of Principle of natural justice.

III. Issuance of writ in nature of certiorari for quashing the Certificate Notice dated 26.12.2022 contained in Letter No. 744 dated 26.12.2022 issued by the Certificate Officer, Aurangabad by which the Certificate Officer had initiated the certificate case bearing Case No. 709/2022-23 against the Petitioner under the provision of Bihar & Orissa Public Recovery Act, 1914 (in short Act 1914) and directed the Petitioner to deposit the amount of Rs. 792804 and Rs. 2401 without considering that the said amount sought to be recovered is not a public demand within the meaning of provision of section 6 of Bihar & Orissa Public Recovery Act, 1914 as well as the said amount do not comes under the Schedule -I of Act, 1914 as there was neither written agreement nor the amount was due to the Petitioner and the said amount is itself disputed.

IV. Issuance of deceleration that initiation of certificate case bearing Case No. 709/2022- 23 against the Petitioner under the provision of Bihar & Orissa Public Recovery Act, 1914 (in short Act 1914) is without jurisdiction as the amount sought to be recovered is not a public demand within the meaning of provision of section 6 of Bihar & Orissa Public Recovery Act, 1914 as well as the said amount do not comes under the Schedule -I of Act, 1914.

V. To restrain the Respondent authority from recovery of the said amount of Rs. Rs. 792804 and Rs. 2401 during the pendency of the present Writ Application as the said amount is not public demand under the provision of Act, 1914 and the certificate proceeding is itself not maintainable in the eye of law.”

3. The preliminary objection has been raised by the learned counsel for the respondents that a remedy lies to the petitioner to first raise objections in terms of Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hrereinafter referred to as “the Act, 1914”) and thereafter, in terms of Section 60 of of the Act, 1914, the appeal also lies against any order of rejection of objections. The petitioner has not availed of any such remedies and has approached this Court without availing efficacious statutory remedy available under the provisions of said Act.

4. Learned counsel for the respondents submits that the present writ petition is not maintainable and he relies on the judgment passed in the case of Central Coalfields Ltd., vs. State of Jharkhand & Ors., reported in 2005(7) SC