IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4620 of 2005 Shambhu Nath Singh, son of Late Nageshwar Prasad Singh, resident of village-Ekahari, P.S.-Ladaniya, District-Madhubani. …….Petitioner. Versus 1. Bank of India, Bishoul, P.S. Harlakhi, District-Madhubani, through the Branch Manager. 2. The Branch Manager, Bank of India Bishoul, P.S. Harlakhi, District- Madhubani. 3. District Certificate Officer, Madhubani. 4. Sub-Divisional Certificate Officer, Jainagar, District-Madhubani. …..Respondents. ----------- For the petitioner : Mr. Uday Bhanu Roy, Advocate. For the Bank : Mrs. Sujata Mukherjee, Advocate. ------ 04/ 07.04.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging the certificate issued in Certificate Case No.02 of 2004-05 / 163 of 1993-94 pending before the Sub-Divisional Officer-cum-Certificate Officer, Jainagar (Madhubani). 3. Although learned counsel for the petitioner raises several points but against the impugned order/proceeding a remedy of appeal is provided under Section 60 of the Bihar and Orissa Public Demand Recovery Act, 1914 which, in view of this Court, is adequate, proper and efficacious. 4. Accordingly, this writ petition is disposed of with a liberty to the petitioner to file an appeal against the order passed in the impugned proceeding before the appellate authority under Section 60 of the Act. If such an appeal is filed by the petitioner along with a copy of this order as well as an interlocutory - 2 - application for condoning the delay within fifteen days from today, the said authority shall consider the delay caused due to the filing of this writ petition and shall decide the appeal in accordance with law on its own merit expeditiously. If any interim relief is sought by the petitioner, he may file another interlocutory application before the appellate authority which shall decide the same in accordance with law keeping in view order dated 10.05.2005 passed by a Bench of this Court by which warrant of arrest issued against the petitioner under certificate case was directed to remain stayed during pendency of the writ petition. Sunil (S. N. Hussain, J.)