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Patna High Court

Aakash Kumar SenversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

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 The Court entertained the request, ordered the writ petition to be withdrawn, and granted the petitioner a one‑month window to file the appeal without being barred by limitation.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  • Whether a civil writ petition may be withdrawn with liberty to file a subsequent appeal before the District Teachers Appellate Authority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
                                                     2/2




                    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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