Patna High Court

Santosh Kumar (GD No. 041717176 HC/RO)versusThe Union of India

Decided: 18 April 2026
Disposal: WITHDRAWN
Bench: ANSHUMAN

Holding

The writ petition is dismissed as withdrawn, granting the petitioner liberty to prefer an appeal before the appropriate authority.

Summary

The petitioner, Santosh Kumar, filed a writ petition in the Patna High Court seeking to set aside an order dated 04-03-2016 issued by the Commandant-3, Signal Battalion of the Central Reserve Police Force. The State raised a preliminary objection, contending that the order was appealable and that the petitioner should have invoked the statutory remedy of appeal rather than approaching the court directly. The petitioner then requested permission to withdraw the writ petition and to file an appeal before the appropriate authority. The Court granted the petitioner's request, allowing the withdrawal of the writ petition. Consequently, the writ petition was dismissed as withdrawn, with liberty to the petitioner to prefer an appeal within 30 days, and the appellate authority was directed to decide the appeal within 90 days of completion of appearances. The decision underscores the principle that parties must exhaust available appellate remedies before resorting to writ jurisdiction.

Issues considered

Whether the order dated 04-03-2016 passed by the Commandant-3, CRPF is an appealable order.
Whether a writ petition is maintainable when a statutory remedy of appeal is available.

Subjects

writ petition
appealable order
preliminary objection
withdrawal of petition
appellate remedy
CRPF
Civil Writ Jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5770 of 2026
                 ======================================================
                 Santosh Kumar (GD No. 041717176 HC/RO) Son of Late Markandey
                 Mishra, Resident of Village- Panchhor, Righa, P.S.- Riga, District- Sitamarhi.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The Union of India through the Secretary Ministry of Home Government of
                 India, New Delhi.
           2.    The D.I.G.P. Welfare Directorate General Central Reserve Police Force,
                 C.G.O. Complex Lodhi Rode, New Delhi.
           3.    The SPL. D.G, CZ, Central Reserve Police Force, Sector-3, Salt Lake
                 Kolkata, West Bengal.
           4.    The Commandant-3, Signal BN, Central Reserve Police Force, Sector-V,
                 Salt Lake Kolkata, West Bengal.
           5.    The D.I.G.P Signal Range, Central Reserve Police Force, Salt Lake Kolkata,
                 West Bengal.
           6.    The Inspector General of Police, Composite Hospital Central Reserve Police
                 Force, Guwahati Assam- 23.
           7.    The I.G.P, Bihar Sector, Central Reserve Police Force, Patna.
           8.    The D.I.G Range Bihar, Central Reserve Police Force, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Ashutosh Kumar, Advocate
                 For the Respondent/s   :      Mr.Additional Solicitor General
                 For the UoI.           :      Mr. Shivaditya Dhari Sinha, Advocate
                 ======================================================
                 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 04.03.2016 passed by respondent

                   No. 4, namely, the Commandant-3, Signal BN,Central Reserve

                   Police Force, Sector-V, Salt Lake Kolkata, West Bengal.

                               3. Learned counsel for the State has raised a
            Patna High Court CWJC No.5770 of 2026(2) dt.18-04-2026
                                                        2/2




                      preliminary objection, submitting that the order under challenge

                      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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