IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9781 of 2005 Ajit Kumar Dubey, son of Vijay Bahadur Dubey, village Ratawar, Post Ratawar, District Kaimur at Bhabua…………………………………………….Petitioner. Versus 1. The State of Bihar 2. The District Mining Officer, Rohtas. 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. ----------- 02/ 11.07.2011 Heard learned counsel for the petitioner. No one appears for the respondents-State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner challenging the entire proceeding of Certificate Case No.15 of 1998-99 including order dated 09.06.2005 by which the Certificate Officer (Mining), Bhabua in the district of Kaimur issued Warrant of Arrest and also for restraining the respondents from giving effect to the impugned order. 3. It may be noted that although the writ of certiorari has been sought to be issued against the aforesaid order dated 09.06.2005, but no copy of the said order has been annexed to the writ petition. 4. Learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to challenge the impugned order and proceeding in an appeal before the appropriate authority under section 60 of the Bihar & Orissa Public Demands Recovery Act, 1914. 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. If such an appeal is filed - 2 - by the petitioner within two weeks from today along with a copy of this order as well as an interlocutory application for condoning the delay along with requisites, the said 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.)