IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5429 of 2005
MAHESH BHUSHAN SAHAI, SON OF LATE NAGESHWAR
PRASAD, RESIDENT OF MOHALLA-MOTIJHIL, P.S.
MUZAFFARPUR TOWN, DISTRICT-MUZAFFARPUR.
...... PETITIONER.
VERSUS
1. THE STATE OF BIHAR.
2. DISTRICT CERTIFICATE OFFICER, MUZAFFARPUR.
3. DEPUTY COMMISSIONER, COMMERCIAL TAXES,
MUZAFFARPUR.
...... RESPONDENTS.
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For the petitioner : Mrs. Alka Verma, Advocate.
For the respondents : Mr. Birendra Kumar, A.C to S.C. 12.
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04/ 28.04.2011 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This writ petition has been filed by the petitioner
challenging the proceeding of Certificate Case No.12 of 2004-05
as well as orders passed therein and for other ancillary reliefs.
3. After some argument, learned counsel for the
petitioner seeks permission to withdraw this writ petition in order
to avail the provision of appeal as per Section 60 of the Bihar &
Orissa Public Demands Recovery Act, 1914.
4. Accordingly, this writ petition is dismissed as
withdrawn with the aforesaid liberty.
5. If the petitioner files an appeal under Section 60 of
the Act before the appropriate authority within four weeks from
today along with a copy of this order as well as an interlocutory
application for condoning the delay the said authority shall
consider the delay caused due to the pendency of this writ petition
and shall decide the appeal on merits in accordance with law.
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6. If the petitioner files an interlocutory application for
any interim relief, the said authority shall consider the same in
accordance with law and decide it expeditiously.
(S. N. Hussain, J.)
Sunil
