IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20591 of 2010 Satya Prakash son of Late Rajendra Prasad Singh, Resident of village and P.O. Sheonan, P.S. Jehanabad, District- Jehanabad. ….. Petitioner. Versus 1. The State of Bihar through the Secretary, Co-operative Department, Bihar, Patna. 2. Sheonan PACS Sheonan, P.S. Jehanabad, District-Jehanabad through its Chairman. 3. Chairman, sheonan PACS, Sheonan, P.S. and District-Jehanabad. 4. Managing Director, Magadh Central co-operative Bank Ltd., Gaya. 5. Sandeep Kumar Thakur, Assistant Registrar, Co-operative Societies- cum-Certificate Officer, Jehanabad. 6. Surendra Sharma, Assistant Manager, Magadh Central Co-operative Bank Ltd. Branch Jehanabad. 7. Kamleshwari Kishore Sinha, Block Co-operative Extension Officer, Jehanabad. 8. Sakaldeep Manjhi, Paid Manager, Sheonand PACS, Sheonan, P.S. & District-Jehanabad, permanent resident of Ishmailpur Bhemar Sikaria, P.S. & District-Jehanabad. 9. Sri Narayan Singh, Peon, Magadh Central Co-operative Bank Ltd., Branch, Jehanabad. ……..Respondents. ----------- For the petitioner : Mr. Prem Nath Singh, Advocate. For respondent no.4. : Mr. Sanjay Kumar, Advocate. ------- 04/ 03.01.2011 Heard learned counsel for the petitioner and learned counsel for respondent no.4. 2. This writ petition has been filed by the petitioner for a direction to the respondents-authorities to refund the entire amount of Rs.11,215.00 with 18% interest thereon to the petitioner which has been illegally and wrongly recovered from the petitioner through Certificate Case No.331 of 2001, whereafter the Joint Registrar, Cooperative Societies, Bihar passed order dated 27.05.2009 (Annexure-2) finding the facts in favour of the petitioner and directing him to file an appeal before the appropriate - 2 - authority. 3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal before the appropriate forum. 4. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. 5. If the aforesaid appeal is filed in accordance with law along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the pendency of the cases before the Joint Registrar as well as before this court while condoning the delay and decide the appeal on merits in accordance with law expeditiously, preferably within six months. Sunil (S. N. Hussain, J.)