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Patna High Court

Satish KumarversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of as withdrawn because a statutory appeal is available.

Summary

Satish Kumar filed a civil writ petition challenging actions of the Union of India and CISF officials. The petitioner sought to withdraw the petition, arguing that a statutory appeal is the appropriate remedy. The Union of India contended that a statutory remedy indeed exists. The court examined whether the petitioner could withdraw the writ in view of the available statutory appeal. Finding that the statutory remedy was available, the court allowed the withdrawal and disposed of the petition.

Issues considered

  • Whether the petitioner may withdraw the writ petition when a statutory appeal is available
  • Whether the existence of a statutory remedy bars continuation of the writ petition

Subjects

  • writ petition
  • statutory appeal
  • withdrawal
  • Civil Writ Jurisdiction
  • CISF
  • Union of India

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9185 of 2024
                 ======================================================
                 Satish Kumar Son of Sheo Kumar Prasad, Resident of Village- Balbapar,
                 P.O.- Narari, P.S.- Tharthari, District- Nalanda.

                                                                            ... ... Petitioner/s

                                                  Versus


           1.    The Union of India through the Cabinet Secretary, New Delhi.
           2.    The Home Secretary, Govt. of India, New Delhi.
           3.    The D.G., CISF, Delhi.
           4.    The D.I.G., CISF, Jammu.
           5.    The Senior Commandant, CISF Unit, Panhsis, Chandigarh.

                                                                          ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Basant Kumar Tripathy, Advocate
                                              Mr. Madan Mohan, Advocate
                                              Mr. Dinkar Kumar Dubey, Advocate
                 For the Respondent/s   :     Mr. Amarendar Nath Verma, Sr. Counsel, U.O.I.
                                              Mr. Rakesh Kumar Sinha, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER



2   12-02-2026                    Learned Counsel for the petitioner            and learned

                   Counsel for the Union of India are present.

                                 2. Learned Counsel for the petitioner submits that

                   petitioner wants to withdraw the present application to move

                   before the appropriate authority as there is remedy of statutory

                   appeal.

                                 3. Learned Counsel for the Union of India submits

                   that statutory remedy is available.
         Patna High Court CWJC No.9185 of 2024(2) dt.12-02-2026
                                                     2/2




                               4. In this view of the matter, this writ petition is

                   disposed off as withdrawn.

                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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