IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5719 of 2002 SHIVENDRA KUMAR SINGH, son of late Ramchandra Singh resident of village and P.O. Bangara Nizamat, P.S. Sahebganj, District Muzaffarpur, presently residing at Mohalla Mithanpura, P.S. Mithanpura, District Muzaffarpur-----------------------------petitioner Versus 1.THE STATE OF BIHAR 2.The Registrar, Co-operative Societies, Govt. of Bihar Patna 3.The Additional Registrar, Co-operative Societies, Tirhut Division, Muzaffarpur 4.The Managing Director, Muzaffarpur Central Co- Operative Bank Ltd., Muzaffarpur, District Muzaffarpur----------------------------respondents ----------- For the petitioner :Mr.S.B.K.Mangalam,Advocate For the respondent Bank:Mr.Nitiranjan Jha,Advocate ----- 13. 19.4.2010 An objection is taken that the impugned order passed under Section 40(1) of the Act is appealable before the State Government under sub-section(3) of Section 40. The petitioner instead of challenging the order passed by the Additional Registrar, Co-operative Societies in an appeal under Section 40(3) to the State Government had preferred a revision before the Registrar and thereafter has approached this Court. In the above circumstances, as prayed for by Mr.S.B.K.Mangalam, learned counsel for the petitioner, the writ application is permitted to be withdrawn with a liberty to approach the appellate authority. In case such an appeal is filed within a period of four weeks from today 2 along with an application for condoning the delay the same shall be considered by the appellate authority keeping in view that the petitioner has been pursuing his remedy before this Court. (Ramesh Kumar Datta,J.) Spal/