Pradeep Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2964 of 2019 ====================================================== Pradeep Kumar Singh son of Dwarika Prasad Singh, Resident of VillageBahalolpur, P.S-Bhagwanpur, District- Vaishali ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old secretariat, Patna, 2.

The Collector, Vaishali, District- Vaishali.

3.

The Sub-Divisional Officer, Hajipur, District-Vaishali. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Advocate For the Respondent/s :

Mr. AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-06-2019 Pursuant to the order dated 19.06.2019 passed by this Court, learned counsel for the petitioner has made available a copy of the withdrawal application said to have been filed by the petitioner before the Collector, Vaishali for purpose of withdrawal of P.D.S. Appeal Case No. R-125/17-18. On perusal of the application it appears that the petitioner had sought withdrawal of the appeal unconditionally and had made a statement that he does not want to proceed further with the appeal.

In the aforesaid view of the matter, this Court is of the opinion that the the attempt of the petitioner to challenge the appellate order as contained in Annexure '4' to the writ application as well as the order passed by the Sub-Divisional

Patna High Court CWJC No.2964 of 2019(4) dt.25-06-2019 2/2 Officer as contained in Annexure '1', by filing the present writ application is wholly misconceived.

This Court is of the opinion that the judicial discipline is to be maintained while considering challenge to the order passed by the quasi judicial authorities. Once the petitioner has withdrawn the statutory appeal unconditionally, this Court is not willing to exercise its discretion and shall not entertain the writ application.

The writ application is, thus, disposed off. Let the copy of withdrawal application placed before this Court be kept on record.

(Rajeev Ranjan Prasad, J) avin/-ved U