IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13894 of 2010 Ramanand Singh S/O Fulgandha Singh R/O Vill.- Narkatiaganj (Purani Bazar), P.S.- Shikarpur, Distt.- West Champaran … Petitioner Versus 1. The Union Of India Through The Finance Secretary Govt. Of India, New Delhi, 2. The Finance Secretary, Govt. Of India, New Delhi 3. The General Manager (Maha-Prabandhak) Reserve Bank Of India, Govt. Of India, New Delhi 4. The State Bank Of India, Hari Nagar Branch Hari Nagar, West Champaran Through Its Branch Manager 5. The Branch Manager, The State Bank Of India Hari Nagar Branch, Hari Nagar, West Champaran 6. The State Of Bihar Through The Collector-Cum-District Magistrate West Champaran At Bettiah 7. The District Certificate Officer, Bettiah, West Champaran … Respondents ------------------ For the Petitioner : Mr. Sanjeev Kumar No.1 and Mr. Shyamal Prakash, Advocate For the State : Mr. P. K.Verma, A.C. to S.C. 26 For the Bank : Mr. Kaushlendra Kr. Singh, Advocate --------------- 04/ 09.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed for the following reliefs :- (A) For issuance of a writ in the nature of certiorari or any other appropriate writ, order/s, direction quashing the entire certificate case no. 153/03 including the order dated 14.08.2009 passed by respondent no.7 whereby and whereunder the objection filed by the petitioner u/s 9 of Bihar & Orissa Public Demand Recovery Act was rejected without considering all the relevant points including the letter dated 10.03.2008 issued under the signature of the Finance Minister, Government of India, New Delhi directing respondent no.3 that 2 Government of India has waived all agricultural loans taken from 15th August to 31st July, 2007 in respect of all agriculturists having agricultural lands up to five acres (Annexure 8). (B) For issuance of a writ in the nature of mandamus or any other appropriate writ, order/s, direction commanding the respondents for the followings :- (i) To treat Annexure 8 to the petition to be nullity and non-est in the eye of law. (ii) To implement the policy decision of the Government of India, New Delhi as contained in letter dated 10.03.2008 (Annexure 4) in the State of Bihar in general and in the case of the petitioner in particular. (iii) To treat the agricultural loan in question taken by the petitioner to have been waived of in view of the policy decision of the Government of India as contained in letter dated 10.03.2008 issued under the signature of the Finance Minister, Government of India, New Delhi. (C) For any other relief/s to which the petitioner is found entitled to. 3. It is quite apparent that in response to notice issued under section 7 of the Bihar & Orissa Co-operative Societies Act, 1914 (hereinafter referred to as `the Act’ for the sake of brevity) in Certificate Case No. 153 of 2003, the petitioner had filed his objection under section 9 of the Act, which was rejected by the authorities by impugned order dated 14.08.2009 (Annexure 8) and recovery notice under section 17 of the Act was directed to be issued. About eleven months thereafter the instant writ petition has been filed by the petitioner although the matter in issue involves question of facts, which are disputed and an appeal is specifically provided under the Act against the impugned order, which has been passed under section 10 of the 3 Act. 4. In the said circumstances, there is no occasion for the petitioner to approach this Court as adequate and proper remedy for him was to file an appeal before the appellate authority, who was fully entitled to consider all the issues involved in the matter or raised by the petitioner. 5. In the said circumstances, this Court does not find any reason to interfere in the matter and this writ petition is, accordingly, dismissed. However, the petitioner will be entitled to approach respondent-Bank for One Time Settlement if such Settlement is legally permissible. MPS/ ( S. N. Hussain, J. )