IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2793 of 2006 The Bihar Awami Co-Operative Bank Ltd. Waqf Market Muradpur, P.S. Pirbahore, Patna through its General Manager … Petitioner Versus 1. The State Of Bihar 2. The Collector, Patna 3. The District Co-operative Officer, Patna-cum-Certificate Officer ..Respondents 1st Set 4. M/s N.S. Consultancy, Shah Arzan Colony, Sultanganj P.S. Sultanganj, Patna-6 5. Md. Nazish Shamim, son of Md. Yasain Ansari, Director, M/s Noble Security Pvt. Ltd. Shah Arzan Colony, Sultanganj, P.S. Sultanganj, Patna-6. 6. Md.. Qaiser Nehal, son of Md. Yasain Ansari, Director, M/s Noble Security Pvt. Ltd. Shah Arzan Colony, Sultanganj, P.S. Sultanganj, Patna-6. 7. Mrs. Hazra Khatoon, wife of Md. Yasain Ansari, M/s Noble Security Pvt. Ltd. Shah Arzan Colony, Sultanganj, P.S. Sultanganj, Patna-6. … Respondents ---------------------------------- For the Petitioner : Mr. Nitiranjan Jha, Advocate For the State : Asstt. Counsel to A.A.G. I ---------------------------------, 02/ 17.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 04.08.2005, by which the District Certificate Officer, Patna (respondent no.3) under the provisions of section 53(3)(iii) of the Bihar & Orissa Public Demand Recovery Act, 1914 (hereinafter referred to as `the Act’ for the sake of brevity) cancelled the certificate issued against the private respondents and also for commanding the Certificate Officer to put the mortgaged properties to sale in accordance with law or alternatively, take other steps for service of notice under section 7 of the Act. 3. From the provisions of law, it is apparent that against 2 such an order an appeal is provided under section 60 of the Act and the matter, which involves question of facts, also can be well decided before the appellate forum and this Court does not find any occasion to interfere in the appellate jurisdiction of the authority concerned. 4. Accordingly, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the Appellate Tribunal. If such an appeal is filed by the petitioner within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to the pendency of the writ petition and shall decide the appeal on merit in accordance with law expeditiously preferably within a period of four months from the date of receipt/production of a copy of this order. MPS/ ( S. N. Hussain, J.)