IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2099 of 2003 Mostt. Kamta Devi, wife of Late Dr. Baidyanath Singh, son of Keso Singh, resident of village- Sijhari, P.S. Sijhari, P.S. Sikandra, District- Jamui ---Petitioner. Versus 1. The State of Bihar through its Chief Secretary, Bihar, Secretariat, Building, Patna. 2. The Home Secretary, Bihar, Secretariat, Building, Patna. 3. The Divisional Commissioner, Magadh Commissionary, Gaya. 4. The District Magistrate, Gaya. 5. The Arms Magistrate, Gaya. 6. Dr. Rekha Singh, 396, Anugrahpuri Colony, Gaya. 7. Prasad Kumar Sharma, Bhartiya Shastragar, Pir Mansoor Road, Gaya. ---Respondents. ********** For the petitioner: Mr. Sheonandan Rai, Sr. Adv. with Mr. Sanjy Kumar Jha, Adv. For Respondent no.6: M/s Sheonandan Pd. Singh with Ashok Kumar, Advocates. For the State: Mr. Vinod Kumar, A.C. to SC 1. *********** 12/ 09.12.2010 After hearing the parties at some length, learned counsel appearing on behalf of the petitioner seeks permission to withdraw this application with a liberty to file an appeal under the provisions of Arms Act before the respondent- Divisional Commissioner, Magadh Commissionary, Gaya, within a period of 30 days from today, challenging the order of the respondent-District Magistrate, Gaya, granting permission to respondent no.6 for transfer of certain arms originally belonged to one Dr. Baidyanath Singh (now deceased). Permission is accorded. The application is permitted to be withdrawn with the liberty aforesaid. 2 However, if any petition is filed on behalf of the petitioner for condonation of delay in filing the appeal, the learned appellate authority shall take into consideration the fact that the petitioner had prosecuted the matter in the present proceeding before this Court bonafidely since 24.02.2003 and would pass appropriate order in accordance with law. The writ petition stands disposed. BTiwary/ (Birendra Prasad Verma, J.)