IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5676 of 2008 AWADH KISHORE JAISWAL Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Satyabir Bharti For the Respondents 1 to 3 :Mr. Siddhartha Prasad, J.C. to AAG IX ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 4th August, 2008. Counsel for the petitioner does not dispute that the assessment orders dated 31st March, 2004, 16th October, 2004 and 20th November, 2003 are appealable. 2. Although the petitioner seeks to contend that the orders dated 31st March, 2004, 16th October, 2004 and 20th November, 2003 came to be passed ex-parte without service of any notice upon him, in the counter affidavit it has been specifically stated that the petitioner was served notice time and again at the given address. 3. Be that as it may, since the assessment orders are appealable, we find no justification to by-pass the statutory remedy of appeal. 4. The writ petition is, accordingly, dismissed in limine. The petitioner shall be at liberty to pursue the statutory remedy of appeal, if he is advised, in challenging the assessment orders dated 31st March, 2004, 16th October, 2004 and 20th November, 2003. - 2 - 5. It will be for the petitioner to show sufficient cause for codonation of delay in filing the appeal belatedly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-