Mrk Associates, Chartered Accountants Through Its Partner Satish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.119 of 2019 ====================================================== MRK Associates, Chartered Accountants through its Partner Satish Kumar Resident of Sishu Vikas Vidyalaya, Indira Nagar, Road No.-1, G.P.O.- Patna800001. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

The Department of Rural Development, Bihar through its Secretary. 3.

The Secretary, The Department of Rural Development, Bihar. 4.

The Principal Secretary, The Department of Rural Development, Bihar. 5.

The Director, Accounts and Administration, Muzaffarpur. 6.

The District Magistrate, Muzaffarpur.

7.

The Deputy Development Commissioner (DRDA), Muzaffarpur. 8.

Senior Accounts Officer, DRDA, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Alok For the Respondent/s :

Mr.Anjani Kumar (Aag4) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-02-2020 This appeal filed on 15.01.2019 is listed for hearing for the first time today before the Court.

Re.: Interlocutory Application No. 01 of 2019 Heard learned counsel for the appellant and learned counsel for the respondents.

The appeal is reported to be delayed by 12 days. We have considered the affidavit filed in support of the delay condonation application and we find that sufficient cause has been shown to condone the delay in filing the appeal.

Patna High Court L.P.A No.119 of 2019(3) dt.17-02-2020 2/2 The delay is condoned and the appeal shall be treated to be within time.

I.A.No. 01 of 2019 stands allowed accordingly. Re.: L.P.A. No. 119 of 2019 Appellant has prayed for the following relief: "The present memo of appeal is directed against the oral judgment dated 05.12.2018 passed in CWJC No. 14137 of 2015 by Hon'ble Mr. Justice Ashutosh Kumar by which this writ petition has been disposed off with the direction that the rest 50% of the admissible fee be paid to the petitioner/appellant if necessary steps are taken by the petitioner/appellant to rectify the defects in the audit report."

After the matter was heard for some time, learned counsel for the appellant seeks permission to withdraw the present appeal reserving liberty to take recourse to such remedies, as are otherwise permissible in accordance with law. Permission is accorded.

The present appeal is disposed of as withdrawn reserving liberty aforesaid.

(Sanjay Karol, CJ) ( S. Kumar, J) sujit/- U