IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10007 of 2003 KESHAVENDRA KUMAR, son of Raghuraj Lal, at present posted as Superintendent of Excise, Katihar, Bihar … Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Department of Excise, Government of Bihar, Patna … Respondents. ----------- 4. 12.1.2010 After some argument Mr. Tej Bahadur Singh, learned Senior counsel for the petitioner, seeks permission to withdraw this application in order to file an appeal against the impugned order before the Board of Revenue. This application is, accordingly, permitted to be withdrawn with a liberty to the petitioner to file his appeal within a period of one month from today and in the event such an appeal would be filed within the aforementioned period, the appellate authority, the Board of Revenue, would consider and decide the matter on merits without insisting on limitation, inasmuch as this writ application has remained pending before this Court for a period of over six years. It goes without saying that the authority will decide the matter without 2 being guided by the result of this writ application which is being not entertained by this Court on the ground of availability of alternative remedy. (Mihir Kumar Jha,J.) Surendra/