Patna High Court
Sushil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The writ petition is disposed, permitting the petitioners to withdraw it and approach the State Appellate Authority.
Summary
A group of government teachers filed a civil writ petition in the Patna High Court challenging orders of the State of Bihar and its education authorities. During the hearing, the petitioners sought permission to withdraw the writ petition and instead pursue their grievance before the State Appellate Authority, Saran. The respondents opposed the writ but did not contest the withdrawal request. The Court, noting the petitioners’ request and the delay in filing an appeal, allowed the withdrawal and disposed of the writ petition, granting the petitioners liberty to approach the State Appellate Authority. The decision was pronounced on 20‑01‑2026 by Justice Harish Kumar.
Issues considered
- Whether the petitioners may withdraw the writ petition and seek relief before the State Appellate Authority
Subjects
- writ petition
- withdrawal
- state appellate authority
- civil procedure
- education department
- delay in appeal
- sympathetic consideration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12483 of 2025
======================================================
1. Sushil Kumar Yadav Son of Sri Vikrama Yadav, Resident of Village -
Deuria, Post Office Hasulahi, Dwariya, Police Station - Kopa, District -
Saran at Chapra. At present posted and working as Zila Parishad Secondary
Teacher in Govt. Higher Secondary School Nautan, Anchal - Ekma, District
- Saran at Chapra.
2. Kanhaiya Kumar @ Kanhia Kumar Son of Late Ramayan Prasad Rai,
resident of village -Semariya, Post Office and Police Station - Revlganj,
District -Saran at Chapra. At present posted and working as an Exclusive
Tacher (Vishistha Shikshak) in Govt. Higher Secondary School Anwal,
Anchal - Jalalpur, District - Saran at Chapra.
3. Shobha Kumari Daughter of Ishwari Prasad Rai, Wife of Akhilesh Kumar,
Resident of Village- Near Dr. Bashistha Tiwari, Yoginiya Kothi, Police
Station- Nagar, District- Saran at Chapra. At present posted and working as
an Exclusive Teacher (Vishistha Shikshak) in Govt. Higher Secondary
School Sherpur, Anchal- Sadar, District - Saran at Chapra
4. Tinku Kumar Son of Late Baban Prasad, resident of village and Post Office-
Basantpur Bangla, Police Station - Amnaur, District - Saran at Chapra,
District - Saran at Chapra. At present posted and working as an Exclusive
Tacher (Vishistha Shikshak) in Govt. Higher Secondary School Basatpur,
Anchal- Amnaur, District- Saran at Chapra.
5. Kumari Dipa @ Deepa Tiwari Daughter of Sri Anil Kumar Tiwari, resident
of village and Post Office - Dharhara Khurd, Police Station - Amnaur,
District -Saran at Chapra. Address as per Aadhar Card is resident of Mohalla
Kankarbagh, Housing Colony. Patna, Sampatchak. At present posted and
working as an Exclusive Teacher (Vishistha Shikshak) in Govt. Higher
Secondary School Gangajal, Anchal- Sonepur, District Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary. Govt. of Bihar, Patna.
2. The Additional Chief Secretary-cum-Principal Secretary, Education
Department, Government of Bihar, Patna.
3. The Joint Secretary, Education Department, Government of Bihar, Patna.
4. The Director, Secondary Education, Bihar, Patna.
5. The Additional Collector Cum-Chief Executive Officer, Zila Parishad, Saran
at Chapra
6. The Deputy Development Commissioner-Cum-Chief Executive Officer, Zila
Parishad, Saran at Chapra.
7. The District Education Officer, Saran at Chapra.
8. The District Programme Officer, Secondary Education, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra
10. Mukesh Kumar Yadav son of Hawaldar Yadav, resident of village - Jaitpur
Tiwari Tola, P.S-Daudpur, District-Saran
Patna High Court CWJC No.12483 of 2025(4) dt.20-01-2026
2/3
11. Bashisht Kumar Sharma son of Ramdeo Sharma Resident of village Dadhiya
Asadhar, P.S- Angar ghat, District - Samastipur.
12. Pandey Shyan Shudha wife of Chandan Kumar, Village Chhitrauli, P.S-
Maniari, District- Muzaffarpur.
13. Vijay Kumar, son of Ravindra Prasad Singh resident of village juaphar, P.S
Bhagwanpur, District - Siwan.
14. Kanhaiya Prasad, son of Madan Prasad Resident of village- Balia, P.S-
Maharajganj, District - Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra
For the Respondent/s : Mr.Standing Counsel (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 20-01-2026 Heard the parties.
2. After some argument, learned Advocate for the
petitioners seeks permission to withdraw the present writ
petition with liberty to assail the order passed by the District
Appellate Authority before the State Appellate Authority, Saran
at Chapra.
3. Learned Advocate for the respondents though have
made various submissions in opposition to the averments made
in the writ petition but submitted that since the petitioners are
seeking withdrawal of the writ petition with liberty to assail the
order before the State Appellate Authority, they have nothing to
submit with respect to that.
4. In view of the aforesaid facts, the present writ
petition stands disposed of with liberty to the petitioners to
Patna High Court CWJC No.12483 of 2025(4) dt.20-01-2026
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approach before the State Appellate Authority, Saran at Chapra.
5. The delay in filing of the appeal shall be considered
sympathetically taking note of the fact that the matter has been
running before this Court.
(Harish Kumar, J)
Anjani/-
U
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