Patna High Court
Ashok KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition was dismissed as withdrawn, with liberty granted to the petitioner to file an appeal before the District Teachers Appellate Authority.
Summary
Ashok Kumar filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and several education officials. The petitioner later argued that an alternative statutory remedy existed before the District Teachers Appellate Authority, Supaul, and sought to withdraw the writ application. The court considered whether the existence of such a remedy justified withdrawal of the petition. It held that the petitioner could withdraw the writ and was granted liberty to pursue the alternative appeal. Accordingly, the writ petition was dismissed as withdrawn, allowing the petitioner to approach the District Teachers Appellate Authority.
Issues considered
- Whether the availability of an alternative statutory remedy bars the filing of a writ petition.
- Whether a petitioner may withdraw a writ petition and be granted liberty to pursue the alternative remedy.
Subjects
- civil writ jurisdiction
- alternative statutory remedy
- withdrawal of petition
- District Teachers Appellate Authority
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14482 of 2017
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Ashok Kumar S/o Gangay Mandal, Resident of Village-Gopalpur Sirai, P.O.
Bakaur, P.S. Supaul. District Supaul.
... ... Petitioner/s
Versus
1. The State Of Bihar .
2. The Secretary, Primary Education, Department, Government of Bihar, patna
3. The District Magistrate, Supaul.
4. The District Education Officer, Supaul.
5. The Block Development Officer,Supaul.
6. Block Education Officer, Supaul.
7. The Mukhiya, Gram Panchayat Raj, Gopalpur, Sirai.
8. Panchayat Secretary, Gram Panchayat Raj, Gopalpur Sirai.
9. Bechan Mukhiya, S/o Mukul Mukhiya, Resident of Village-gopalpur Sarai,
P.S. Supaul, District Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Kumar Mehta, Adv.
For the Respondent/s : Mr. Jai Prabhat Kishore, AC to SC-13
For Respondent No.9 : Mr. Bal Krishna Mishra, Adv.
Mr. Bidhan Chandra Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
5 16-01-2026 Heard learned counsel for the petitioner, learned
counsel for the private respondent and learned counsel for the
respondents-State.
2. After advancing some argument, learned counsel
for the petitioner submits that there is an alternative statutory
remedy available to the petitioner before the District Teachers
appellate Authority, Supaul and therefore, he wants to withdraw
the present writ application with liberty to file an appeal before
the District Teachers appellate Authority, Supaul.
Patna High Court CWJC No.14482 of 2017(5) dt.16-01-2026
2/2
3. As prayed for, by learned counsel for the petitioner
the writ application is dismissed as withdrawn with liberty as
aforesaid.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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