IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11602 of 2005 BIJAY SHANKAR TIWARI Versus THE STATE OF BIHAR & ORS ----------- 2 04.07.2008 Heard learned counsel for the parties. Irrespective of the merit of the contention of learned counsel for the petitioner, since the petitioner has challenged the order dated 02.05.2005 passed by the Sub- Divisional Magistrate, Bettiah, and there is a statutory remedy of appeal available, this Court is not willing to entertain the case on merits. The petitioner has liberty to file an appeal with a rider that the time spent by the petitioner in pursuing the writ application shall be considered and condoned in case he files a statutory appeal. It is also directed that the District Magistrate shall dispose of the appeal within a period of six months from the date of filing of the said appeal. The writ application is disposed of. Rajeev/ (Ajay Kumar Tripathi, J.)