Patna High Court

Abuzer KamalversusThe State of Bihar

Decided: 18 April 2026
Disposal: WITHDRAWN
Bench: ANSHUMAN

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to prefer an appeal within 30 days.

Summary

The petitioner, a lower divisional clerk in the Agriculture Department, filed a writ petition challenging an order dated 20‑01‑2026 issued by the Director of Agriculture, Patna Division. The State counsel objected, contending that the order was appealable and that the petitioner should have used the statutory appeal remedy instead of approaching the High Court. The petitioner sought permission to withdraw the writ petition and to file an appeal within the prescribed period. The Court granted permission to withdraw, directing that the petition stand dismissed as withdrawn and allowing the petitioner to prefer an appeal within 30 days. The Court further directed the appellate authority to decide the appeal with a reasoned order within 90 days of completion of appearances. The decision rests on procedural propriety, emphasizing that appeal, not writ, is the correct remedy for the order challenged.

Issues considered

Whether the order dated 20‑01‑2026 is appealable and thus not amenable to a writ petition
Whether the petitioner may withdraw the writ petition and be permitted to file an appeal before the appropriate authority

Subjects

writ jurisdiction
appealability
procedural law
administrative order
civil writ
high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5745 of 2026
                 ======================================================
                 Abuzer Kamal S/o Allauddin Ansari, R/O- New Diliyan, Ward no. 21, P.S.-
                 Dehri, Anchal Dehri Distt- Rohtas, presently posted as Lower Divisional
                 Clerk at Subdivisional Agriculture Office, Barh, Patna.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through The Principal Secretary, Agriculture Department,
                 Govt. of Bihar, Patna.
           2.    Director, Agriculture Department, Patna Division, Patna Krishi Bhawan,
                 Mithapur, Patna.
           3.    The Joint Director (Shashya/Agronomics), Agriculture Department, Patna
                 Division, Patna Krishi Bhawan, Mithapur, Patna.
           4.    District Agriculture Officer, Rohtas (Sasaram).
           5.    Subdivisional Agriculture Officer, Sasaram.
           6.    District Agriculture Officer, Bhojpur, Ara.
           7.    Subdivisional Agriculture Officer Ara Sadar, Ara.
           8.    Treasury Officer, Patna Collectorate, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. (Dr.) Ajay Shankar Rajoo,Advocate
                 For the Respondent/s   :       Mr. Kumar Manish, SC-05
                                                Mr. Prashant Kumar, AC to SC5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   18-04-2026                 Learned counsel appearing for the petitioner and

                   learned counsel appearing for the respondent - State are present.

                               2. The petitioner has filed the present writ petition for

                   setting aside the order dated 20.01.2026 issued vide Memo No.

                   39/Agri, Patna, by respondent No. 2, namely, the Director,

                   Agriculture Department, Patna Division, Patna.

                               3. Learned counsel for the State has raised a

                   preliminary objection, submitting that the order under challenge
            Patna High Court CWJC No.5745 of 2026(2) dt.18-04-2026
                                                        2/2




                      is an appealable order, and that the petitioner, instead of availing

                      the statutory remedy of appeal, has directly approached this

                      Hon’ble Court.

                                  4. In the aforesaid background, learned counsel for the

                      petitioner seeks permission to withdraw the present writ petition

                      with liberty to prefer an appeal before the appropriate authority.

                                  5. Permission is granted.

                                  6. Accordingly, the present writ petition stands

                      dismissed as withdrawn, with liberty to the petitioner to prefer

                      an appeal before the appropriate authority within a period of 30

                      days from today.

                                  7. It is made clear that the appellate authority shall

                      consider and dispose of the appeal, if filed, by passing a

                      reasoned and speaking order within a period of 90 days from the

                      date of completion of appearance of all concerned parties.



                                                 (Dr. Anshuman, J)
Ashwini/-

U

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