Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4325 of 2011 ====================================================== Ashok Kumar Son Of Late Naresh Ram Resident Of Maratha Point Mohalla New Area Bisar Talab Road, Police Station Civil Lines, District Gaya .... .... Petitioner/s

Versus

1. The State Of Bihar Through Secretary, Human Resources Development Department, State Of Bihar, Patna

2. Chief Secretary, State Of Bihar, Patna

3. Lalit Narayan Mishra Mithila University, Darbhanga Through Its Vice Chancellor

4. Vice Chancellor, Lalit Narayan Mishra Mithila University, Darbhanga

5. Governing Body, Bahera College Bahera Benipur, District Darbhanga Through Its Secretary

6. Secretary Of Governing Body Of Bahera College Bahera Benipur, District Darbhanga

7. President Of Governing Body Of Bahera College, Bahera, Benipur, District Darbhanga

8. Principal, Bahera College Bahera Benipur District Darbhanga

9. Teacher's Representative Bahera College Bahera, Benipur, District Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Respondent/s : Mr. Uma Nath Mishra AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-05-2016 In view of the facts disclosed in the counter affidavit, learned counsel for the petitioner, in presence of learned AC to Advocate General as well as Sri Uma Nath Mishra, learned counsel for the respondent no. 5 to 8 makes a prayer for withdrawal of the present writ petition so that petitioner may avail appropriate remedy.

In the present petition petitioner has made a prayer for

Patna High Court CWJC No.4325 of 2011 (8) dt.16-05-2016 2/2 directing the respondents particularly respondent no. 6 , 7, 8 and 9 to distribute the amount of grant of money of Bahera College, Bahera, Benipur to the petitioner for which he is entitled whereas in the writ petition a counter affidavit has been filed wherein a specific plea has been taken that since the petitioner along with others remained absent for a long period, the petitioner along with others was removed by an order dated 24.5.2005 issued by the Principal. Despite the fact that as per stand taken in the counter affidavit petitioner was removed in the year 2005 itself, this fact was not disclosed in the writ petition. In view of Annexure - 'B' to the counter affidavit, I do not find any ground to entertain the present petition. After noticing the fact in the counter affidavit, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to assail the order contained in Annexure - 'B' before the competent authority.

The payer is allowed.

The writ petition stands dismissed as withdrawn with liberty as indicated above.

(Rakesh Kumar, J) Praful/- U