Kanhaiya Dayal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7984 of 2014 ===========================================================

1. Kanhaiya Dayal S/O Late Jamuna Prasad, Resident of Mohalla- Chand Chaura Gabdapar, Gaya, P.S.- Civil Line Gaya, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Gaya

3. The Sub Divisional Officer, Tikari, Gaya

4. The Block Development Officer, Tikari, Gaya

5. The Circle Officer, Tikari, Gaya

6. The senior Deputy Collector Sherghati cum conducting officer .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Respondent/s : Mr. GA12- AJAY =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 16-08-2017 Heard both sides.

At the outset of the argument, learned counsel for the State has pointed out that the order is appellable under Section 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 but the petitioner has not exhausted the alternative remedy.

Learned counsel for the petitioner seeks permission to withdraw this writ petition so that the petitioner may present appeal before the Commissioner, Magadh Division.

Prayer is allowed.

The writ petition is disposed of as withdrawn.

Patna High Court CWJC No.7984 of 2014 dt.16-08-2017 If the petitioner presents the appeal, the Commissioner, Magadh Division dispose of the appeal of the petitioner within four months from the date of this order. (Prabhat Kumar Jha, J) KKSINHA/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.08.2017 Transmission Date NA