IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1454 of 2005
RAJESH KUMAR, SON OF LATE PASUPATI NATH
PRASAD, RESIDENT OF KAGJI MOHALLA SIWAN, P.S.
SIWAN TOWN, DISTRICT SIWAN.......PETITIONER.
Versus
1. THE STATE OF BIHAR
2. THE COLLECTOR, SIWAN
3. THE DISTRICT CERTIFICATE OFFICER, SIWAN.
4. THE BRANCH MANAGER, STATE BANK OF INDIA,
BAZAR BRANCH, SIWAN.......RESPONDENTS.
For the petitioner : Mr. M. N. Tiwari, Advocate.
For the State : Mr. Sudhir Kumar, J.C. to S.C.-12
For the S.B.I. : Mr. Suraj Samdarshi, Advocate.
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02/ 18.01.2011 Heard learned counsel for the petitioner, learned
counsel for the respondents State of Bihar and its authorities as
well as learned counsel for the State Bank of India and its
authority.
2. This writ petition has been filed by the
petitioner challenging order dated 27.11.2004 (Annexure-2)
passed by the Collector, Siwan allowing Certificate Appeal
No.318 of 1993-94 filed by the State Bank of India against order
dated 20.07.1993 (Annexure-1) passed by the District Certificate
Officer in Certificate Case No.26 of 1992-93.
3. After some arguments learned counsel for the
petitioner seeks permission to withdraw this writ petition with a
liberty to move the Commissioner, Saran by way of revision under
section 62 of the Public Demand Recovery Act, 1914.
Accordingly, this writ petition is disposed of with the aforesaid
liberty. However, if the petitioner files such a revision before the
Commissioner, Saran along with a copy of this order and an
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interlocutory application for condoning the delay within fifteen
days from today, the revisional authority shall consider the delay
caused due to the pendency of this writ petition and shall decide
the revision on merits in accordance with law.
Harish (S.N. Hussain, J.)