IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13316 of 2008 Tej Narayan Rai son of Late Kalpnath Rai, resident of village Jasouli, Police Station Pachrukhi, District- Siwan. Versus 1. The State Of Bihar through its Secretary, Department of Co- operative, Govt. of Bihar, New Secretariat, Patna. 2. The Registrar, Department of Co-operative, Govt. of Bihar, New Secretariat, Patna. 3. The Joint Registrar Co-Operative Societies, Saran Division at Chapra. 4. The Assistant Registrar, Co-Operative Societies, Siwan. 5. The District Audit Officer, Co-Operative Societies, Siwan. ----------- 2 05.08.2011 The petitioner has prayed for quashing the entire Surcharge Proceeding No. 26 of 2008 and its consequential order dated 16.07.2008 and 05.08.2008 issued by the Joint Registrar, Co-Operative societies, Saran Divisiona at Chapra whereby the respondent Joint Registrar has directed the Assistant Registrar Co- Operative Societies, Siwan to recover a sum of Rs. 55,981.25/- from the petitioner under the provisions of Public Demand Recovery Act. It is submitted by learned counsel for the petitioner that the order is absolutely without jurisdiction. In view of the alternative remedy of appeal provided in the Act, let the petitioner avail alternative of appeal. 2 It is expected from the Appellate Authority to consider the condonation of delay in filing the appeal in view of the pendency of the writ application before this Court and dispose off the appeal expeditiously. It is also expected that the petitioner will file the appeal within a period of four weeks of the receipt/production of the copy of the order. With the above observation, this writ application is disposed off. Amrendra/ (Dinesh Kumar Singh, J)