IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14327 of 2010 Yugal Kishore Singh S/O Late Ram Charitra Singh R/O Vill.- Chaidha, P.O. Babu Bageecha, P.S. Maheshkhunt, Distt.- Khagaria ……..Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Khagaria 3. The Sub-Divisional Officer, Gogari, Khagaria 4. The Deputy Collector In Charge, District Auction Cell, Khagaria 5. The Branch Manager, Union Bank Of India, Gogari (Jamalpur) Branch, Khagaria 6. The Field Officer, Union Bank Of India, Gogari (Jamalpur) Branch, Khagaria …Respondents ---------------------------------- For the Petitioner : Mr. Ranjeet Kumar Singh, Advocate For the Respondents : A.C. to G.P. 16 ---------------------------------- 03/ 13.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging the entire auction proceeding vide auction case no. 01/2009-10 pending in the court of the Deputy Collector Incharge, District Auction Cell, Khagaria, who had directed the petitioner to deposit the entire amount of Rs.3,20,035.39 against the loan for purchase of a tractor and its tailor of Rs. 3 lacs on 11.02.2005 from Union Bank of India, Gogari (Jamalpur) Branch, Khagaria as well as for directing the respondents, particularly, the Branch Manager, Union Bank of India, Gogari (Jamalpur) Branch, Khagaria to hand over the tractor in question bearing registration no. BR-34-0642, Engine no. 2092F 47659985, Chassis no. 05P2F51482 manufactured by Sonalika and its tailor and also to accept the due amount in 30 equal instalments imposing no interest on principal amount. 3. It is not in dispute that the petitioner is a loanee and 2 due to non-payment of the amount of loan, a proceeding under the Bihar & Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as `the Act’ for the sake of brevity) has been initiated, in which notice had been sent to the petitioner, whereafter final order has also been passed. It is also apparent that against the said order, no appeal has been preferred by the petitioner, due to which the auction proceeding has been initiated. 4. In the aforesaid facts and circumstances, learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to file an appeal before the Collector, Khagaria under the provision of section 60 of the Act. 5. In the said view of the matter, this writ petition is disposed of as withdrawn with the aforesaid liberty to the petitioner. If such an appeal is filed by the petitioner within fifteen days from today along with the requisites and a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the same in accordance with law on merits and decide it expeditiously. If the petitioner wants any interim relief, he may also file an interlocutory application for the same before the said appellate authority, who will pass appropriate orders without any delay. MPS/ ( S. N. Hussain, J.)