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Patna High CourtMJC/1039/2026disposed

Uma Nath Vind v. The State Of Bihar Through The Additional Chief Secretary, Department Of Education

2026-05-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1039 of 2026 In Civil Writ Jurisdiction Case No.4354 of 2026 ====================================================== Uma Nath Vind Son of Late Bhagirath Vind, Resident of ORA Bagicha, Police Station- Dharhara, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The Regional Deputy Director of Education, Munger Division, Munger. 4.

The District Magistrate, Lakhisarai.

5.

The District Education Officer, Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Vinay Pd. Singh, Advocate For the Opposite Party/s :

Mr. Binay Kumar, AC to SC 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-05-2026

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant application has been filed for modifying/recalling the order dated 26.3.2026 passed in CWJC no. 4354 of 2026 by which order, the application was dismissed as withdrawn.

3. In reference to the statement made in paragraph no. 4 of petition, learned counsel for the petitioner submits that the case was withdrawn by the counsel without consent of the petitioner. As such it is prayed that the order dated 26.3.2026 be modified/recalled and the writ application be heard

Patna High Court MJC No.1039 of 2026(3) dt.01-05-2026 2/2 and decided on its own merits.

4. In view of the facts and circumstances of the case, though the Court is not inclined to modify/recall the order dated 26.3.2026 passed in CWJC no. 4354 of 2026, however, as the case was withdrawn by learned counsel for the petitioner without the express consent of the petitioner as stated in paragraph no. 4 of the petition, it is observed here that the order of withdrawal will not come in way of the petitioner in filing of fresh writ application for the same/similar reliefs.

5. The application stands disposed of with the above observations.

(Partha Sarthy, J) Bibhash U