Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1765 of 2019 In Civil Writ Jurisdiction Case No.24470 of 2018 ====================================================== Mohan Prasad S/o Late Narayan Shah, resident of P.O and P.S. Areraj Dist. East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Food and Civil supply Government of Bihar, New Secretariat, Patna 2.

The District Magistrate East Champaran, Motihari 3.

The Sub Divisional Officer Areraj, East Champaran, Motihari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Advocate For the Opposite Party/s :

Mr. AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-06-2019 Present application has been filed seeking modification of the order dated 24.01.2019 passed in C.W.J.C. No. 24470 of 2018. Perusal of the order sought to be modified would show that this Court simply recorded the statement of the learned counsel representing the petitioner saying that he would not press this application and then this application was dismissed as withdrawn.

Now the petitioner has made a statement in Paragraph 3 that a statutory appeal was pending before the District Magistrate, East Champaran, Motihari and for that reason he could not press the application. If it is so, the Court makes it clear that withdrawal of the writ application would not come in

Patna High Court MJC No.1765 of 2019(2) dt.19-06-2019 2/2 the way of the petitioner in pursuing the statutory appeal before the appellate authority.

This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) avin/-ved U