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2026 Supreme(Online)(Pat) 2880

PATNA HIGH COURT
HARISH KUMAR, J
Sushil Kumar Yadav – Appellant
Versus
The State of Bihar through the Chief Secretary. Govt. of Bihar, Patna – Respondent
Civil Writ Jurisdiction Case No.12483 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Umesh Kumar Mishra
For the Respondents: Mr.Standing Counsel (12)

Court permitted withdrawal of the writ petition while allowing petitioners to appeal to the State Appellate Authority, ensuring sympathetic consideration for delay.

Headnote:In the present case regarding a writ petition, the petitioners sought to withdraw their appeal with the liberty to approach the State Appellate Authority. The court acknowledged the situation and allowed the petitioners to withdraw the writ petition while ensuring that a sympathetic view would be taken regarding any delay in filing the appeal. The primary issue was the petitioners' request to challenge the order of the District Appellate Authority, raising significant procedural concerns. The court underscored the importance of the petitioners' right to review past decisions while balancing the interests of state education administration.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

4 20-01-2026 Heard the parties.

2. After some argument, learned Advocate for the petitioners seeks permission to withdraw the present writ petition with liberty to assail the order passed by the District Appellate Authority before the State Appellate Authority, Saran at Chapra.

3. Learned Advocate for the respondents though have made various submissions in opposition to the averments made in the writ petition but submitted that since the petitioners are seeking withdrawal of the writ petition with liberty to assail the order before the State Appellate Authority, they have nothing to submit with respect to that.

4. In view of the aforesaid facts, the present writ petition stands disposed of with liberty to the petitioners to approach before the State Appellate Authority, Saran at Chapra.

5. The delay in filing of the appeal shall be considered sympathetically taking note of the fact that the matter has been running before this Court.

(Harish Kumar, J)

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