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Patna High CourtCWJC/6993/2020withdrawn

Rajendra Prasad Singh v. The State Of Bihar

2021-12-22Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6993 of 2020 ====================================================== Rajendra Prasad Singh, son of Sita Ram Singh resident of Mohalla ...................., P.S.- Aurangabad and District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayat Raj, Govt. of Bihar, Patna (Bihar).

2.

The District Magistrate cum Collector, Aurangabad. 3.

The Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Aurangabad.

4.

The Deputy Chief Executive Officer, Zila Parishad, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Advocate For the Respondent/s :

Mrd. Archana Meenakshee (GP-6) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 22-12-2021 Heard learned counsel for the parties.

2. In the instant writ petition, the petitioner has questioned the validity of suspension order, even though he has statutory remedy of appeal. He has pleaded in para.8, which reads as under:

"8. That the petitioner has no other alternative or equally efficacious remedy than to file the present writ petition under article 226 of the constitution of India."

3. In other words, the petitioner has misled the Court in questioning the order of suspension. The same has been admitted by the learned counsel for the petitioner and he seeks permission to withdraw the petition.

Patna High Court CWJC No.6993 of 2020 dt.22-12-2021 2/2

4. Accordingly, the writ petition stands dismissed as withdrawn reserving liberty to the petitioner to prefer an appeal before the Appellate Authority. The Appellate Authority is hereby directed to take note of Section 14 of the Limitation Act for the purpose of condonation of delay. If the petitioner files an appeal, the same shall be decided at the earliest.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.01.2022 Transmission Date NA