IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2532 of 2010 ***** BIHAR STATE MADRASA EDUCATIONAL BOARD, BEING A BOARD CONSTITUTED UNDER THE BIHAR STATE MADRASA EDUCATION BOARD ACT, HAVING ITS REGISTERED OFFICE AT 5 VIDYAPATI MARG, P.O. PATNA G.P.O., P.S. KOTWALI IN THE TOWN AND DISTRICT OF PATNA THROUGH ITS SECRETARY, SRI MD. MUSTAFA HUSSAIN MANSURI, S/O LATE AMANULLAH, AGED ABOUT 49 YEARS, R/O HAROON NAGAR, SECTOR I, P.O. PHULWARISHARIF, P.S. PHULWARISHARIF, IN THE TOWN AND DISTRICT OF PATNA …. …. Petitioner Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, DEPTT. OF REVENUE, MINISTRY OF FINANCE, GOVT. OF INDIA, CENTRAL SECRETARIAT, NORTH BLOCK, NEW DELHI-110001 2. COMMISSIONER OF INCOME TAX-1, PATNA 3. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, PATNA 4. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, PATNA …. …. Respondents ----------- For the Petitioner : Mr. Vikash Jain, Advocate For the Revenue Department: Mrs. Archana Sinha, Advocate ---------- 2 15/2/2010 The default pointed out by the registry stands ignored. Mr. Vikash Jain, learned counsel for the petitioner, seeks leave of this Court to withdraw the writ petition to file the appeal challenging the order of assessment. If the appeal is filed within a period of four 2 weeks, as agreed to by Mrs. Archana Sinha, Standing Counsel for the Revenue, she will not object to the condonation of delay. In view of the aforesaid, we direct, if an appeal is preferred within the stipulated period the same shall be taken up and decided on its own merits and shall not be thrown over the board on the ground of limitation. With the aforesaid observation, the writ application is permitted to be withdrawn. Needless to emphasise, it is open to the petitioner to raise all possible points before the appellate authority as permissible in law. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)