Gopal Sah vs The State Of Bihar & Ors on 26 July, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          CWJC No.10286 of 2005
                   Gopal Sah son of Late Dhorhi Sah, resident of village- Hadipur,
                   Kaidrabad, P.O. Genhuli, P.S. Pachwara, District-Begusarai.
                                                                            ...... Petitioner.
                                                    Versus
                   1. The State of Bihar.
                   2. The District Magistrate, Begusarai.
                   3. The Certificate Officer, Begusarai.
                   4. Electrical Executive Engineer, Electric Supply Division, Barauni.
                   5. Assistant Electrical Engineer, Electric Supply Sub-Division,
                      Bachwara.
                                                                         ......Respondents.
                                                   -----------

For the petitioner : Mr. Rajendra Narayan, Advocate with
Mr. Satyendra Kumar Singh, Advocate.

For the respondents : Mrs. Binita Singh, Assistant counsel to
Additional Advocate General-I

———–

03/ 26.07.2011 Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. This writ petition has been filed by the petitioner

challenging order dated 13.07.2004 by which the Certificate

Officer, Begusarai directed the petitioner to make payment of

Rs.65,748.53 and also for quashing the entire certificate

proceeding namely Certificate Case No.01 of 2002-03.

3. After some argument, learned counsel for the

petitioner seeks permission to withdraw this writ petition with a

liberty to file an appeal as provided under the provisions of Bihar

& Orissa Public Demands Recovery Act, 1914.

4. Considering the facts and circumstances of this case,

the prayer is allowed and this writ petition is disposed of with the

aforesaid liberty.

5. If such an appeal is filed by the petitioner before the
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authority concerned within four weeks from today along with a

copy of this order as well as an interlocutory application for

condoning the delay, the appellate authority shall consider the

delay caused due to the pendency of this writ petition in this court

and shall decide the case on merits in accordance with law

expeditiously. So far requisites for filing an appeal is concerned,

the petitioner will be also at liberty to file an application for

exemption from payment of requisite fee, namely 40% of the

amount to be paid, the appellate authority shall consider the same

in accordance with law and shall decide it immediately without

any undue delay.

(S. N. Hussain, J.)

Sunil