Patna High Court
Radhey Shyam PathakversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to challenge the two subsequent administrative memos.
Summary
The petitioner, a retired headmaster, filed a writ petition challenging certain administrative orders relating to his service. While the case was pending, the Director of Primary Education issued Memo No.218 dated 24‑02‑2023 and the District Education Officer issued Memo No.779 dated 25‑11‑2025, which the petitioner claimed gave rise to a fresh cause of action. The petitioner’s counsel sought permission to withdraw the original writ application but retain the liberty to contest the two new memos. The court considered whether such a withdrawal with liberty to sue was permissible. It held that the petitioner could indeed withdraw the writ and be allowed to pursue separate challenges to the later orders. Accordingly, the writ petition was dismissed as withdrawn, with liberty granted to the petitioner to challenge the two memos.
Issues considered
- Whether the petitioner may withdraw the pending writ petition while retaining liberty to challenge the subsequent Memo No.218 and Memo No.779 issued during the pendency of the case.
Subjects
- writ petition
- withdrawal
- administrative orders
- liberty to challenge
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8026 of 2016
======================================================
Radhey Shyam Pathak Son of Late Yadunandan Pathak resident of village -
Barwan, Police Station Ander, District Siwan, retired While Working as
Incharge headmaster from Govt. Middle School Gaighat, Anchal - Hasanpura,
District - Siwan
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Primary Education, Bihar, Patna
3. The District Magistrate, Siwan
4. The Chairman, District Education Establishment Committee Promotion -
Cum - District Education Of
5. The Secretary, District Education Establishment Committee Promotion -
Cum - The District Program
6. Ramajee Prasad Son of Chhati Bal Prasad resident of village - Bisnupura,
Police Station - Chanari Bazar, District - Siwan
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Manoj Kumar Sinha, A.C. to Ex.G.Ap.-9.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
12 30-01-2026 Heard learned counsel for the petitioner and learned
counsel appearing for the respondent-State.
2. After advancing some argument, learned counsel
for the petitioner submits that he may be permitted to withdraw
the present writ application with liberty to challenge part of the
Memo No.218 dated 24.02.2023 issued by the Director, Primary
Education, Govt. of Bihar, Patna and also the consequential
Memo No.779 dated 25.11.2025 issued by District Education
Officer, Siwan and the District Programme Officer
Patna High Court CWJC No.8026 of 2016(12) dt.30-01-2026
2/2
(Establishment), Siwan. He submits that these two orders have
been passed during the pendency of the case which gives a fresh
cause of action to the petitioner.
3. As prayed for, this case is dismissed as withdrawn
with liberty as aforesaid.
(Alok Kumar Sinha, J)
sanjeev/-
U
Checking your session…