IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13154 of 2009 ***** Bhola Kumar @ Bhola Pd.Gupta son of Krishna Prasad Gupta, resident of village- Bhagwan Bazar, P.O. and P.S. Bhagwan Bazar, District-Saran. …. …. Petitioner Versus 1. The State of Bihar. 2. Union of India through General Manager, N.E. Railway, Gorakhpur. 3. General Manager, N.E. Railway, Gorakhpur. 4. Senior Divisional Engineer, N.E. Railway, Varanasi. 5. Assistant Divisional Engineer, N.E. Railway, Chapra, District-Saran. 6. Estate Officer, N.E. Railway, Varanasi. 7. Zila Parishad, Saran Chapra through Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad. 8. Deputy Development Officer, Chapra. 9. Collector, Saran, Chapra. …. …. Respondents ----------- For the petitioner : Mr. S.S. Dwivedi, Senior Advocate Mr. R.S.Dwivedi, Advocate For the Railways : Mr. Anil Singh, Advocate For the Zila Parishad : Mr. Arvind Kumar Pandey, Advocate ---------- 2. 9.10.2009. Heard counsel for the parties. There is a primary objection of the respondent authorities that the petitioner has a statutory right of appeal under Section 9 of the Public Premises (Eviction) Act, 1971. The stand taken by the respondents seems to be correct and in accordance with the provisions of the statute. In view of the same the writ application is allowed to be withdrawn with liberty to file appeal before the competent forum. Learned counsel for the petitioner submits that from Annexure-1 relating to Case No.36/07 the order seems to have been passed on 18.3.2009 but the certified copy has been made ready on 5.8.2009 and communicated to the petitioner. Immediately on receipt thereof the present writ application has been filed. That being the factual - 2 - position the petitioner should be given indulgence by waiving the limitation if it comes in the way of the appeal. In this regard, keeping in mind the fact what has been recorded in the earlier part of the order as well as depending on the petition, which may be filed for condonation giving other reasons, the appellate Court will consider condoning the delay. This writ application stands disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)