IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1557 of 2010 JAI NARAYAN JAISWAL, son of Late Ayodhaya Prasad, resident of Village- Barmasia Jagarnathpuri, P.S.- Katihar, District- Katihar. ……. Petitioner- Appellant. Versus 1. THE STATE OF BIHAR, through State Transport Commissioner, Department of Transport, Bishwasaraiya Bhawan, Patna through namely Ram Shobhit Paswan. 2. Shri V. Jaishankar, Administrator, Bihar State Road Transport Corporation, Parivahan Bhawan, Patna. 3. Shri Braj Nandan Singh, Divisional Manager, Bihar State Road Transport Corporation, Head Office, Parivahan Bhawan, Patna. …. Opp. Parties- Respondents. ----------- 03- 12.10.2010 Heard Mr. Prabhakar Singh for the appellant, and Mr. P.K. Verma for the respondents. Learned counsel for the appellant presses I.A. No.8715 of 2010, filed under the provisions of section 5 of the Limitation Act, seeking condonation of the delay of 85 days in filing the appeal. In the circumstances of the case, the delay in filing the appeal is hereby condoned. 2. I.A. No.8715 of 2010 is accordingly disposed of. 3. As prayed for learned counsel for the parties, the matter is taken on Board ‘For Admission’. This appeal is directed against the order dated 5.5.2010, passed by a learned Single Judge of this Court in M.J.C. No.202 of 2009, whereby it has been held that no case for initiation of contempt proceeding against the opposite parties is made 2 out. However, the order gives liberty to the petitioner to challenge the order dated 7.4.2010, passed by the Administrator of the Bihar State Road Transport Corporation (hereinafter referred to as the ‘Corporation’). The order of this Court passed in C.W.J.C. No.11877 of 2000 and C.W.J.C. No.8480 of 2002, has, according to the Corporation, been complied with by the said order dated 7.4.2010. Liberty has been granted by the learned Single Judge in M.J.C. No.202 of 2009 to challenge the order dated 7.4.2010. Faced with the situation, learned counsel for the appellant seeks permission to withdraw this appeal to avail of the liberty granted in M.J.C. No.202 of 2009. 4. This appeal is accordingly permitted to be withdrawn with the liberty to challenge the order dated 7.4.2010, passed by the Administrator of the Corporation. (S K Katriar, J.) (Birendra Prasad Verma, J.) S.K.Pathak/