IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5650 of 2008 BIRJU PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. G.P. Bimal, Advocate For the Respondents : Mrs. Nilu Agrawal, G.A. 10 -------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Barin Ghosh -------- Dated, the 11th July, 2008. There is serious disputed question as to whether notice sent to the petitioner was, in fact, received by him or not. Such disputed question of fact cannot be conveniently adjudicated in high prerogative writ jurisdiction under Article 226 of the Constitution of India. The counsel for the petitioner does not dispute that the impugned order is amenable to statutory appeal under Bihar Finance Act. The petitioner must pursue the statutory remedy of appeal for redressal of his grievances. 2. We do not find any exceptional reason for by-passing the statutory remedy of appeal. 3. Writ petition is dismissed in limine. R. M. Lodha, CJ Barin Ghosh, J Anil/