IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4878 of 2011 ----------- Ashok Kumar, son of Ramjee Prasad, resident of Mohalla Jaiee, Purana Chowk Police Station Buxar (T), District Buxar. … Petitioner Versus 1. The State of Bihar through District Certificate Officer. 2. The Branch Manager of State Bank of India Main Road, Buxar, Police Station Buxar (T), District Buxar …. Respondents ------ For the Petitioner : M/s Shree Kant Pandey and dRang Nath Choubey, Advocates For the State : M/s S.S.Sabbar Hussain, G.P.4 & . For the State : R. K. Sinha, A.C. to G.P. 4 For the Bank : M/s. Kaushlendra Kr. Sinha and Sunil Kumar Singh, Advocates. ----- 02/ 06.05.2011 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and learned counsel for the State Bank of India. 2. This writ petition has been filed by the petitioner challenging ex parte order dated 15.02.2011 (Annexure 1), by which the Circle Officer, Buxar rejected the show cause filed by the petitioner under section 9 of the Bihar & Orissa Public Demand Recovery Act , 1914 (hereinafter referred to as `the Act’ for the sake of brevity ) in Certificate Case No. 01 of 2006-07. 3. Although learned counsel for the petitioner vehemently challenges the said order raising various grounds but learned counsel for the respondents submits that the said order is appealable under section 60 of the Act before the Collector of the district, who is the appropriate authority to decide such matter. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to file an 2 appeal under section 60 of the Act before the Collector, Buxar. If such an appeal is filed by the petitioner before the said authority within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the said authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merit expeditiously within the prescribed time. If the petitioner wants any interim relief with regard to D.W. issued against him, he will be at liberty to file an interlocutory application before the appellate authority, which shall be decided in accordance with law. MPS/ ( S. N. Hussain, J. )