IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12963 of 2005 Shashi Kant Pandey, son of Jaleshwar Pandey, resident of village Lahurbari, Post Mujan, Police Station Mohania, District Kaimur at Bhabua………………………..…….Petitioner. Versus 1. The State Of Bihar 2. The District Mining Officer, Rohatas. 3. The District Mining Officer, Kaimur at Bhabua. 4. The Certificate Officer (Mining), Magadh Anchal, Gaya. 5. The Certificate Officer (Mining), Bhabua, District Kaimur (Bhabua). 6. The Collector, Kaimur at Bhabua……………….....Respondents. For the petitioner : Mr. Rajni Kant Pandey, Advocate. For the respondents : Mr. Anil Kr. Verma, AC to AAG-13 ---------------------------------- 02/ 25.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging the entire proceeding of Certificate Case No.37 of 1997- 98 including order dated 20.05.2005 by which his objection under section 9 of the Bihar & Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as ‘the Act’ for the sake of brevity) had been rejected. 3. It is quite apparent that after initiation of the aforesaid proceeding, a notice under section 7 of the Act was issued to the petitioner against which petitioner filed his objection under section 9 of the Act on 31.12.1997 (Annexure-2). The said objection has been rejected by the Certificate Officer (Mining), Bhabua (respondent no.5) under section 10 of the Act, which has been challenged by the petitioner in the instant case. 4. After some arguments learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to - 2 - challenge the said impugned order passed under section 10 of the Act before the appellate authority as provided in the Act. 5. Accordingly, this writ petition is disposed of with the aforesaid liberty. However, if such an appeal is filed by the petitioner within 15 days from today along with a copy of this order as well as all the requisites, the said appellate authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. Harish (S.N.Hussain, J.)