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Patna High Court

Tarun KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ petition is dismissed as withdrawn with liberty to approach the appropriate forum.

Summary

A group of twelve secondary teachers from various schools in Nalanda district filed a civil writ petition before the Patna High Court challenging actions taken by the State of Bihar and its officials. The petitioners sought relief against the respondents, which included the State of Bihar, the Chief Secretary, and several departmental heads. During the hearing, the petitioners, through their counsel, requested to withdraw the writ application and expressed intent to approach a more appropriate forum. The Court considered the request and, exercising its discretion, allowed the withdrawal of the petition. Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioners to pursue their remedy elsewhere.

Issues considered

  • Whether the petitioners may withdraw the writ application and have the petition dismissed

Subjects

  • Writ Petition
  • Withdrawal
  • Civil Procedure
  • High Court
  • Education

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5534 of 2026
     ======================================================
1.    Tarun Kumar S/o Sri Yugal Kishore Singh, R/o Village- Chandranatai
      Kharijama, P.O. - Dhoboiha, P.S. - Khodaganj, District - Nalanda, at present
      posted as Secondary Teacher at M.K. Balika and High School Korawan,
      Block- Islampur, District Nalanda.
2.   Uday Sharma S/o Prashuram Sharma, R/o Village and P.O.- Bhadsara, P.S.-
     Pali (Kako), District - Jehanabad, at present posted as Secondary Teacher at
     C.M. plus 2 High School Yashwatpur, Block - Chandi, District - Nalanda.
3.   Vishwa Ranjan S/o Kamta Prasad, R/o Village - Murtazapur, P.S.- Barh,
     District- Patna, at present posted as Secondary Teacher at Moyachak
     Supasang plus 2 High School Rahui, Block- Rahui, District - Nalanda.
4.   Ajay Kumar Mishra S/o Krishna Mishra, R/o Village- Bariyarpur, P.S.-
     Bariyarpur, District- Patna, at present posted as Secondary Teacher at
     Moyachak Supasang plus 2 High School Rahui, Block - Rahui, District -
     Nalanda.
5.   Krishna Kumar Keshri S/o Sigheshwar Nath Keshri, R/o Village- Rana
     Pratap Nagar, P.S.- Islampur, District- Nalanda, at present posted as
     Secondary Teacher at Haribag plus 2 High School Dhekwaha Saraiya, Block
     - Islampur, District - Nalanda.
6.   Kumar Ashwini Chandra S/o Raghunandan Prasad, R/o Village - Preman
     Bigha, P.S. - Nagarnausa, District - Nalanda, at present posted as Secondary
     Teacher at Adash plus 2 High School Bihar Sharif, Block - Bihar Sharif,
     District - Nalanda.
7.   Ashok Kumar S/o Durbal Singh, R/o Village- Raghunathpur, P.S.- Rani
     Talab, District - Patna, at present posted as Secondary Teacher at plus2 High
     School Paithna, Block- Rahui, District Nalanda.
8.   Rabindra Nath Tagore S/o Late Nanhku Thakur, R/o Village- Bhat Bigha,
     P.O.- Juniyar, P.S.- Hilsa, District- Nalanda, at present posted as Secondary
     Teacher at Sarvoday plus 2 High School Paithna, Block - Rahui, District -
     Nalanda.
9.   Sunil Kumar S/o Guru Prasad, R/o Village- Mustafapur, P.O.- Bele, P.S.-
     Islampur, District - Nalanda, at present posted as Senior Secondary Teacher
     at Neta Ji Sri Subhash plus 2 High School Islampur, Block - Islampur,
     District - Nalanda.
10. Md. Ekramuddin S/o Md. Tajuddin, R/o Village and P.O.- Mahmuda, P.S.
    -Khudaganj, Islampur, District- Nalanda, at present posted as Secondary
    Teacher at M.K. Girls plus 2 High School Korawan, Block - Islampur,
    District - Nalanda.
11. Amresh Kumar Ratnesh S/o Mahesh Prasad, R/o Village- Saraiyapar, P.S.-
    Islampur, District - Nalanda, at present posted as Senior Secondary Teacher
    at N.S.S. plus 2 High School Islampur, Block - Islampur, District - Nalanda.
12. Vinayak Lohani S/o Balgovind Prasad Lohani, R/o Village- Sohsarai Bich
    Bazar Addaper, P.S.- Sohsarai, District - Nalanda, at present posted as Senior
    Secondary Teacher at Nalanda College plus 2 High School Bihar Sharif,
    Block- Bihar Sharif, District - Nalanda.
           Patna High Court CWJC No.5534 of 2026(2) dt.21-04-2026
                                                       2/2




                                                                             ... ... Petitioner/s
                                                     Versus
             1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
             2.    The Principal Secretary, Finance Department, Government of Bihar, Patna.
             3.    The Additional Chief Secretary, Education Department, Bihar, Vikas
                   Bhawan, Baily Road, Patna.
             4.    The Director, Secondary Education, Education Department, Government,
                   Bihar, Patna.
             5.    The District Magistrate Nalanda, District - Nalanda.
             6.    The District Education Officer, Nalanda, District Nalanda.
             7.    The District Programme Officer (Establishment), Nalanda, District -
                   Nalanda.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Mrityunjay Kumar
                  For the Respondent/s     :        Mr.Government Advocate (7)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

2    21-04-2026                    Heard learned counsel for the petitioners and learned

                     counsel appearing for the respondent-State.

                                 2. After advancing some argument, learned counsel

                     for the petitioners prays for withdrawing the present writ

                     application with liberty to approach the appropriate forum.

                                 3. As prayed for, the case is dismissed as withdrawn

                     with liberty as aforesaid.



                                               (Alok Kumar Sinha, J)
kundan/-

U


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