The Certificate Officer has no jurisdiction to sign the certificates and initiate the certificate proceedings unless he is satisfied that the demand is recoverable and that recovery by statute is not barred by law, and there is a registered instrument recording the agreement of recovery as a public demand.

R. N. MISRA, J.

( 1 ) AS a part of the drought relief programme sometime before 1960, the Sub-Divisional Officer (Civil), Bhadrak, started several small improvement works within his jurisdiction and one Kapila Charan Rout was entrusted with some of these works. Plain paper agreements had been entered into between the public officer representing the State and the contractor and moneys had been advanced for such purpose. Early in 1960, at the instance of the said public officer, certificate proceedings under the Bihar and Orissa Public Demands recovery Act, 4 of 1974, were initiated and seven cases came to be registered on 1st March, 19. 60. In the year 1963, two more cases were instituted while in february, 1970, the last of the lot under consideration was registered. A chart showing the specifications of the cases is appended below for convenience. The certificate-debtor filed objections in most of the cases but said objections were overruled and execution of the certificates was ordered. On 2-12-1074, immovable properties of the certificate-debtor were put to sale in all the cases excepting Certificate Case No. 9 Dev of 1959-60. In case No. 8 Dev of 1959-60, the following order was passed by the Certificate Officer:-

"2-12-74.-- Case record is put up today. Three bidders as mentioned in the auction bid sheet participated in the auction sale. The highest bid went upto Rs. 7,000/- (Rupees Seven thousand) only. The C. Dr. is absent although he was served with a notice and sale proclamation notice was hung on the pole over the lands to be put to auction sale. The highest bid goes in favour of Shri Bipra Charan Raut of village deo pada This auction sale is hereby confirmed and the highest bidder Shri Bipra Charan Raut of village Deopada is declared as purchaser of the lands. He is to deposit 2,5 per cent of the highest bid today and the rest within 15 (fifteen) days. Case is adjourned to 1512-74. Later Shri Bipra Charan Raut deposited Rs. 2,000/- inclusive of security deposit of the auction sale of Rs. 7,000/ -. Issue receipt in favour of him. . . . . . . . . . . . ''

In eight other connected cases, the substance of this order was reproduced. In certificate Case No. 9 Dev of 1959-60, the following order was passed:--

"2-12-74--Case record is put up today. The three bidders participated in the auction. The case was adjourned to 2-12-74 for auction sale in Cases No. 8/ Dev, etc. and others. The certificatedebtor's petition has to be considered on 5-12-74. xx xx xx since the bidders had come in other cases against the certificate' debtor, the auction sale cannot be adjourned. However, the objector's claim has to be finally decided on 5-12-74 as ordered. "

In the meantime, on 12-12-1074, O. J. C. No. 1249 of 1974 was filed before this Court while on 19-12-1974, O. J Cs. 1295, 1296, 1297 and 1298 were filed and on 20-12-1974, the other five cases were filed. On 20-12-1974, in the four cases instituted on 19-12-1974, stay of further proceedings in the certificate cases was directed by this Court while in the rest six cases, the order of stay was granted on 29-1-1975. The Certificate Officer received the stay orders granted on 20-12-1974 long before 2/-1-1975. On that date, he did not confirm the sale by making an order in the four connected certificate proceedings, but in the other case, he passed an order of confirmation of sale on the ground that there was no order of stay and directed delivery of possession to the auction purchaser. Sl. Certificate case Date of Amount of Connected to O. J-No. number. initiation. Certificate debt. C. No. 1. 8 Dev/59-60 1-3-1960 Rs. 029. 69 1249 of 1974 2. 22 Dev/59. 60 1-5-1960 Rs. 60. 44 1295 of 1974 3. 21 Dev/59. 60 1-3-1980 Rs. 856. 87 1296 of 1974 4. 7 Dev/59-60 1-3-1960 Rs. 207. 56 1298 of 1974 5. 4 Dev/59. 60 1-3-1980 Rs. 767. 12 1307 of 1974 6. 9 Dev/59-60 1-3-1960 Rs. 894. 75 1308 of 1974 7. 19 Dev/59-60 1-3-1960 Rs. 440. 31 1809 of 1974 8. 51 Dev/82. 63 28-3. 1063 Rs. 452. 50 1297 of 1974 14-1