Patna High Court
Aakash Kumar SenversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The Court allowed the withdrawal of the writ petition and granted liberty to file an appeal within one month, holding that the appeal would not be barred by limitation and must be decided on merits.
Summary
Aakash Kumar Sen filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and various education officials. During the hearing, the petitioner sought to withdraw the writ application and requested liberty to file an appeal before the District Teachers Appellate Authority, Munger. The Court entertained the request, ordered the writ petition to be withdrawn, and granted the petitioner a one‑month window to file the appeal without being barred by limitation. It further directed that the appeal, if filed within the stipulated period, must be heard on its merits and that the appellate authority should dispose of it within one year, issuing a reasoned order. The order thus cleared the procedural path for the petitioner to pursue his grievance through the designated appellate forum.
Issues considered
- Whether a civil writ petition may be withdrawn with liberty to file a subsequent appeal before the District Teachers Appellate Authority
- Whether the appeal, if filed after withdrawal, would be barred by the limitation period
Subjects
- writ petition
- withdrawal
- appeal
- limitation period
- District Teachers Appellate Authority
- procedural law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14471 of 2017
======================================================
Aakash Kumar Sen Son of Late Ramdhani Prasad, Resident of Mohalla-
Madhopur, P.O.- Basudeopur, P.S. Munger Kotwali, District- Munger.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Secondary Education, Government of Bihar, Patna.
3. The District Magistrate, Munger, District- Munger.
4. The District Education Officer, Munger, District- Munger.
5. The District Programme Officer Establishment, Munger, District- Munger.
6. The Deputy Development Commissioner, Munger-cum-Chief Executive
Officer, Zila Parishad, Munger.
7. The Headmaster, High School, Adalpur Amari, Dharhara, District- Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Respondent/s : Mr. Ashutosh Ranjan Pandey -Aag15
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
6 05-02-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. After advancing some argument, learned counsel
for the petitioner prays for withdrawing the present writ
application with liberty to file an appropriate appeal before the
District Teachers Appellate Authority, Munger.
3. As prayed for, this case is disposed of as withdrawn
with liberty as aforesaid.
4. If the appeal before the District Teachers Appellate
Authority, Munger is filed within one month from the date of
Patna High Court CWJC No.14471 of 2017(6) dt.05-02-2026
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this order, the same shall not be dismissed on the ground of
being barred by limitation and shall be heard and decided on
merit. It is further made clear that the District Teachers
Appellate Authority, Munger shall try and dispose of the appeal
which shall be filed by the petitioner within a period of one year
after hearing all the parties concerned. The final order which
shall be passed by the District Teachers Appellate Authority,
Munger shall be a reasoned and speaking order.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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