IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14928 of 2005 Sohan Sah son of Late Halkhori Sah, resident of village Alampur, P.S. Shivsagar, District Rohtas at present residing at village Nokha, P.S. Nokha, District Rohtas…………………………………..Petitioner. Versus 1. The State Of Bihar 2. Chairman, Agricultural Produce Market Committee, Sasaram. 3. Secretary, Agricultural Produce Market Committee, Sasaram (Rohtas)……………………………………………..Respondents. For the petitioner : Mr.Raghunandan Kr. Singh, Advocate. For the respondents : Mr. B. Tiwary, AC to SC-21. ---------------------------------- 03/ 26.09.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 03.08.2005 by which the Agricultural Produce Market Committee directed the petitioner to pay Rs.851.00 as out of the total dues of Rs.2,48,220.00 the petitioner had already paid Rs.2,47,369.00 as market fees on which penalty under section 27A of the Bihar Agricultural Produce Markets Act,1960 (hereinafter referred to as ‘the Act’ for the sake of brevity) of Rs.62,906.00 had been levied. 3. The petitioner was directed to pay the entire amount with penalty by the said order which was passed in the absence of the petitioner, who was in jail in another matter. Against such order passed under section 27A of the Act, the provision of section 27B of the Act prescribes an appeal before the Regional Director, but without availing that opportunity the petitioner has wrongly moved this court, although he had the aforesaid efficacious and alternative remedy. - 2 - 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Director of Agriculture. If such an appeal is filed by the petitioner along with a copy of this order and all the requisites, the Director shall consider the delay caused due to the pendency of this writ petition and shall decide the said appeal in accordance with law expeditiously. Harish (S.N. Hussain, J.)