IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2386 of 2010 ***** 1. 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, R/O HAROON NAGAR, SECTOR 1, P.O. PHULWARISHARIF, P.S. PHULWARISHARIF, IN THE TOWN AND DISTRICT OF PATNA. …. …. Petitioner Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT 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 1, PATNA . …. …. Respondents ----------- For the Petitioner : Mr. Pankaj, Advocate For the Revenue : Mrs. Archana Sinha, Advocate ----------- 2. 10.2.2010. The default pointed by the Registry is ignored. Heard learned counsel for the parties. This Court in C.W.J.C. No. 1811 of 2010 on 3.2.2010 had passed the following order: - 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 weeks, as agreed to by Mr. Harshwardhan Prasad Singh, Standing Counsel for the Revenue, he will not object to the condonation of delay. - 2 - 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 With the aforesaid observation, the writ application is permitted to be withdrawn.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. The present petition relates to another assessment year. In view of the aforesaid, the order passed in C.W.J.C. No. 1811 of 2010 shall apply in full force to the case in hand. With the aforesaid direction the writ petition stands disposed of. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)