IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19451 of 2010 SUMAN KUMAR SINGH, Son of Sri Diwakar Pd. Singh, resident of village- Bora, P.S. Amdanda District Bhagalpur, Chairman of Bora Pathakdih Primary Credit Society at P.S. Amdannda, Village Bora. ……….Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Co-Operative Officer cum Certificate officer, Bhagalpur. 3. The Bhagalpur Central Co-Operative Bank Ltd. through its Managing Director, Bhagalpur. 4. The Branch Manager, Khalgaon Branch of the Bhagalpur Central Co-operative Bank Ltd. Khalgaon P.S., District-Bhagalpur. 5. Bora Pathak dih, Primary Agriculture Credit Society Ltd. through its Manager at Bora, P.S. Amdanda, District- Bhagalpur. ……….Respondents. For the Petitioner:- Kaushal Kumar, Adv. Y.K. Khan, Adv. For the State :- Ranjit Singh, Adv. ----------- 2 29.11.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. 2. This writ petition has been filed challenging the proceeding of Certificate Case No. 7 of 2010 as well as order dated 31.3.2010 passed by the District Co-Operative Officer-cum-Certificate Officer, Bhagalpur by which notices were directed to be issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act 1914 as well as order dated 23.6.2010 passed by the said authority holding that the amount of loan given to Bora Pathak, PACS was recoverable from the petitioner, who was its Chairman and also directing the issuance of D.W. for recovery of the 2 said amount 3. Against such an order an appeal is provided under Section 60 of the Bihar and Orissa Public Demand Recovery Act 1914 and hence there being an effective remedy available to the petitioner, this writ petition is disposed of with a liberty to the petitioner to file a statutory appeal before the authority concerned. However if such an appeal is filed within three weeks from today along with a copy of this order and an interlocutory application for condoning the delay, the appellate authority shall consider the delay was caused due to pendency of this writ petition and shall decide the matter on merits in accordance with law expeditiously, preferable within a period of four months from the date of filing of the appeal. 4. However if the petitioner also files an interlocutory application in the appeal for any interim relief, the same shall be decided immediately by the appellate authority in accordance with law. Bhardwaj ( S.N.Hussain, J.)