Udra Nand Manjhi v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18867 of 2008 ====================================================== Udra Nand Manjhi, Son of late Jaggarnath Manjhi, resident of Davra, P.S. Jokihat, District Araria .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Police Department, Government of Bihar, Old Secretariat, Patna

2. District Magistrate, Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG 4 Mr. Sanjay Kumar, AC to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2017 Heard both sides.

After some argument, the learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file appeal before the appellate authority against the order of the District Magistrate, who dismissed the petitioner from service, vide order contained in Memo No. 1170 dated 12.11.2008 (Annexure-1), and file writ petition again after exhausting the alternative remedy.

Prayer is allowed.

This writ petition is disposed as withdrawn with liberty to the petitioner to present appeal before the appellate authority. The appellate authority shall consider the limitation petition of the petitioner sympathetically as the petitioner filed writ petition and the same remained pending for years before this court and dispose of the appeal as soon as possible.

(Prabhat Kumar Jha, J) BKS/- U