Kapildeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3402 of 2020 ====================================================== Kapildeo Paswan Son of Ramcharitra Paswan, Resident of Village- Chhotaki Masaurhi, P.S.- Masaurhi, District- Patna, At present Choukidar bearing no. 116, in Masaurhi, Police Station, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2.

The District Magistrate-cum- Collector Patna. 3.

The Sub Divisional Magistrate, Sub Division Masaurhi, District- Patna. 4.

The Block Development Officer Block, Masaurhi, District- Patna. 5.

The Circle Officer Circle Masaurhi, District- Patna. 6.

The Officer -in- Charge Masaurhi Police Station- Masaurhi, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh, Adv.

For the Respondent/s :

Mr. Md. N.H. Khan (SC1) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner for challenging the order dated 04.11.2016 which was communicated to him vide memo no. 2140 dated 05.11.2016 (Annexure-6).

3. Counsel for the State has raised preliminary objection and submits that the said order has been passed under the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 against the petitioner and according to the

Patna High Court CWJC No.3402 of 2020(2) dt.04-01-2024 2/2 Rule 24 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, there is provision of filing appeal before the appellate authorities.

4. In this background, petitioner seeks permission to withdraw this writ petition with a liberty to prefer appeal before the appellate authority.

5. Permission granted.

6. Accordingly, this writ petition stands disposed of with liberty aforesaid.

7. Delay, if any, in filing the appeal is directed to be condoned.

(Dr. Anshuman, J.) Prakashmani/- U