Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5482 of 2016 ====================================================== Sanjay Kumar S/O Late Lala Surendra Kumar Sinha, Resident of village/Mohalla- Sorangpur (Near Devi Asthan), P.S.- Ramkrishna Nagar, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna

2. The District Provident Officer, Nalanda, Biharsharif

3. The Collector, Nalanda, Biharsharif .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar Sinha, Adv. Mr. Anil Kumar Sinha, Adv.

For the Respondent/s : Mr. Madhaw Prasad Yadav, G.P. 23 Mr. Sanjay Kumar, AC to G.P. 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-09-2016 Though, the matter was argued by the learned counsel appearing on behalf of the petitioner for sometime, but the learned G.P. 23 appearing on behalf of the respondents has raised the question of maintainability of the present writ petition on the ground that all the relevant documents/ material facts have not been disclosed by the petitioner in the present writ petition. Neither the date of appointment of the deceased employee has been mentioned nor the date of death or date of retirement of the deceased employee has been mentioned. Therefore, it is contended that the issues raised on behalf of the petitioner cannot be effectively answered by the respondents.

In view of the aforesaid objections, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present writ petition with a liberty to file a fresh writ petition in the same subject matter disclosing all the relevant facts and

Patna High Court CWJC No.5482 of 2016 (2) dt.15-09-2016 2/2 bringing on record all the relevant materials/ documents, which may be essential for disposal of the claims raised on behalf of the petitioner.

Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

(Birendra Prasad Verma, J) BTiwary/- U