Sambhu Kumar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1069 of 2017 In Civil Writ Jurisdiction Case No. 8707 of 2017 ======================================================

1. Sambhu Kumar Singh, son of late Amar Nath Singh, Resident of VillageRupas (Rahimpur Tola) P.O. Rupas, P.S. Athamalgola, Barh, DistrictPatna, General Secretary, Madhyamik Shickchhak Sansthan, Pradesh Madhyamik Shikchhak Sangh, Bihar

2. Ganesh Prasad Singh, son of late R.N.Singh, Resident at Shivajipath, Yarpur, P.O. GPO, P.S. Gardanibagh, District-Patna, General Secretary, Bihar Intermediate teaching and Non-teaching Mahasangh .... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna

2. Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna

3. Director, Secondary Education, Government of Bihar, Budh Marg, Patna

4. Bihar School Examination Board through its Chairman, Sinha Library Road, Patna

5. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna

6. Anand Kishore, Divisional Commissioner, Patna cum- Chairman, Bihar School Examination Board, Sinha Library Road, Patna .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar Sharma, Advocate For the Board : Mr. Lalit Kishore, Senior Advocate Mr. Satyabir Bharti, Advocate Ms. Aparna Arun, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-08-2017 After making submissions for some time and faced with the legal principles and law governing issuance of a writ of quo warranto, learned counsel for the appellants made a fair submission to say that he be permitted to withdraw the original writ petition and the cost directed by the learned Writ Court be not

Patna High Court LPA No.1069 of 2017 (3) dt.24-08-2017 2/2 recovered and the order to that extent be modified. We find the prayer to be reasonable, by warning the appellants to be careful in future while filing such petition, we permit them to withdraw the writ petition.

The writ petition is dismissed as withdrawn without any cost and the appellants are not required to deposit the cost as directed by the learned Writ Court and the writ petition is dismissed as withdrawn without any cost.

The appeal stands disposed of accordingly.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- U