IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2075 of 2010 M/S ASSOCIATED CEMENT COMPANIES LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS RGISTERED OFFICE AT CEMENT HOUSE, 121, MAHARSHI KARVEY ROAD, MUMBAI AND ONE OF ITS SALES UNITS SITUATED AT 2ND FLOOR, SAMRIDHI COMPLEX, S.P. VERMA ROAD, P.S GANDHI MAIDAN, DISTT- PATNA THROUGH ITS AUTHORIZED MANAGER, SHRIKANT MANI, S/O LATE RAMAYAN SINGH, R/O 35-A, PATLIPUTRA COLONY, P.S. PATLIPUTRA, TOWN & DISTT- PATNA. -------------- Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-CUM- COMMISSIONER OF COMMERCIAL TAXES, VIKASH BHAWAN, BAILEY ROAD, PATNA. 2. THE JONT COMMISSIONER OF COMMERCIAL TAXES (APPEAL) CENTRAL DIVISION, PATNA. 3. THE DY. COMMISSIONER OF COMMERCIAL TAXES, SPECIAL CIRCLE, PATNA. 4. THE ASSISTANT COMISSIONER OF COMMERCIAL TAXES, SPECIAL CIRCLE, PATNA. 5. THE SECRETARY, COMMERCIAL TAXES TRIBUNAL, OLD SECRETARIAT, BARRACK, BAILEY ROAD, PATNA. ------------ Respondents ----------- For the Petitioner :- Mr. Y. V. Giri, Sr. Adv. Mr. S. D. Sanjay, Adv. Mr. Raju Giri, Adv. For the Respondents :- Mr. P. K. Shahi, A.G. Mr. Lalit Kishore, AAG-III Mr. Purnendu Singh, AC to AAG-III ---------- 3 05.03.2010 Heard Mr. Y. V. Giri, learned Senior counsel along with Mr. S. D. Sanjay and Mr. Raju Giri, learned counsel for the petitioner and Mr. P. K. Shahi, learned Advocate General, Mr. Lalit Kishore, learned Additional Advocate General-III along with Mr. Purnendu Singh, 2 learned Assistant counsel for the State. Mr. Y. V. Giri, learned senior counsel for the petitioner, on being instructed by the instructing counsel, seeks leave to withdraw this writ application to prefer an appeal. This writ application is permitted to be withdrawn with the aforementioned leave. The certified copy of the impugned order be returned to Mr. Raju Giri, learned counsel for the petitioner on furnishing of a photo copy thereof. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)