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Basukinath Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Basukinath Singh Vs The State of BiharBasukinath Singh v. The State of Bihar

Dismissed¶30

Basukinath Singh v. The State of Bihar

Patna HC8 Jan 2025CWJC/13010/2024

Case brief

AI extract

What is this about?

Withdrawal of writ petition (Civil Writ Jurisdiction Case No. 13010 of 2024) before the Patna High Court; dismissal as withdrawn with liberty to appeal before the State Appellate Authority; express direction that the appellate authority decide 'without being impeded by the issue of limitation'. Parties: Basukinath Singh v. State of Bihar (Home Department); Vigilance Investigation Bureau (including Investigating Officers for Banka Shikshak Niyojan, Sushil Kumar and Vipin Kumar); Education Department officials (Additional Chief Secretary, Director Primary Education, DEO and BEO Banka); Bihar Sanskrit Shiksha Board (Secretary, Chairman, Examination Controller); Panchayat Teacher Employment Unit, Gram Panchayat Chandadih, and its Mukhiya; District Appellate Authority, Banka. Bench: Anjani Kumar Sharan, J. Decision date: 08-01-2025. Relevant to petitions withdrawn with liberty and removal of limitation bar at the appellate-authority stage.

What did the court decide?

Writ application dismissed as withdrawn with liberty to file an appeal before the State Appellate Authority; the State Appellate Authority directed to hear the petitioner and pass a reasoned and speaking order in accordance with law without being impeded by the issue of limitation. ¶30

Why is it important?

Permission was accorded to the petitioner to withdraw the writ application. ¶29

What the court decided

AI extract

Outcome

Writ application dismissed as withdrawn with liberty to file an appeal before the State Appellate Authority; the State Appellate Authority directed to hear the petitioner and pass a reasoned and speaking order in accordance with law without being impeded by the issue of limitation.

Issue for consideration

Whether the petitioner may withdraw the writ application with liberty to pursue the matter before the State Appellate Authority.

Court's answer

Permission was accorded to the petitioner to withdraw the writ application.

Ratio / Principle

The writ application was dismissed as withdrawn, with the liberty to file an appeal before the State Appellate Authority.

Key takeaways

The State Appellate Authority was directed to hear the petitioner and pass a reasoned and speaking order in accordance with law, without being impeded by the issue of limitation.ratio¶30

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.) — CWJC No. 13010 of 2024, decided 08-01-2025 — Basukinath Singh v. The State of Bihar and others. At the oral hearing, after some arguments, counsel for the petitioner sought leave to withdraw the writ application with liberty to file an appeal before the State Appellate Authority. Held: permission accorded; the writ application dismissed as withdrawn with the said liberty; and the State Appellate Authority directed to hear the petitioner and pass a reasoned and speaking order in accordance with law without being impeded by the issue of limitation. No substantive merits, statute or precedent were adjudicated or discussed.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13010 of 2024

======================================================

Basukinath Singh S/o Late Rameshwar Prasad Singh, R/o village- Baderi, P.O.- Shripathar, P.S.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

The Additional Director General of Police, Vigilance Investigation Bureau, Govt. of Bihar, Patna.

The S.P., Vigilance Investigation Bureau, Govt. of Bihar, Patna.

The Inspector of Police - cum - the Investigating Officer, (Banka Shikshak Niyojan), Vigilance Investigation Bureau, Patna, namely Mr. Sushil Kumar and Mr. Vipin Kumar.

The Additional Chief Secretary, Department of Education, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

The Director, Primary Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

The District Education Officer, Banka District- Banka.

The Block Education Officer, Chandidah, District- Banka.

The Bihar Sanskrrit Shiksha Board, Patna, through its Secretary.

The Chairman, Bihar Sanskrit Shiksha Board, Patna.

The Examination Controller, Bihar Sanskrit Shiksha Board, Patna.

The Panchayat Teacher Employment Unit, Gram Panchayat Chandadih, P.O.- Laudh, P.S. and District- Banka through its Member Secretary -cum - Panchayat Secretary, Gram Panchayat Chandadih, District- Banka.

The Mukhiya, Gram Panchayat Chandadih, District- Banka.

The District Appellate Authority, Banka through its Office Secretary.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate For the Respondent/s : Mr. Government Advocate 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

3 08-01-2025 Heard learned counsel for the parties.

After some arguments, learned counsel for the

petitioner seeks permission to withdraw this writ application

Patna High Court CWJC No.13010 of 2024(3) dt.08-01-2025 2/2

with a liberty to file an appeal before the State Appellate Authority.

Permission is accorded.

Accordingly, this writ application is dismissed as withdrawn with the liberty aforesaid and the State Appellate Authority is directed to hear the petitioner and pass a reasoned and speaking order in accordance with law without being impeded by the issue of limitation.

(Anjani Kumar Sharan, J)

Trivedi/-

U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner may withdraw the writ application with liberty to pursue the matter before the State Appellate Authority.medium confidence¶26
The court held
Permission was accorded to the petitioner to withdraw the writ application.ratio¶29

Procedural history

How this case reached the court

AI extract

Prior proceeding
At the oral hearing on 08-01-2025, after some arguments, counsel for the petitioner sought permission to withdraw the writ application with liberty to file an appeal before the State Appellate Authority.¶28

Parties & counsel

AI extract

petitioner
Basukinath Singh S/o Late Rameshwar Prasad Singh¶3
Mr. Purushottam Kumar Jha, Advocate
respondent
The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna¶6
Mr. Government Advocate
respondent
The Additional Director General of Police, Vigilance Investigation Bureau, Govt. of Bihar, Patna¶7
Mr. Government Advocate
respondent
The S.P., Vigilance Investigation Bureau, Govt. of Bihar, Patna¶8
Mr. Government Advocate
respondent
The Inspector of Police - cum - the Investigating Officer, (Banka Shikshak Niyojan), Vigilance Investigation Bureau, Patna, namely Mr. Sushil Kumar and Mr. Vipin Kumar¶9
Mr. Government Advocate
respondent
The Additional Chief Secretary, Department of Education, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna¶10
Mr. Government Advocate
respondent
The Director, Primary Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna¶11
Mr. Government Advocate
respondent
The District Education Officer, Banka¶12
Mr. Government Advocate
respondent
The Block Education Officer, Chandidah, District- Banka¶13
Mr. Government Advocate
respondent
The Bihar Sanskrrit Shiksha Board, Patna, through its Secretary¶14
Mr. Government Advocate
respondent
The Chairman, Bihar Sanskrit Shiksha Board, Patna¶15
Mr. Government Advocate
respondent
The Examination Controller, Bihar Sanskrit Shiksha Board, Patna¶16
Mr. Government Advocate
respondent
The Panchayat Teacher Employment Unit, Gram Panchayat Chandadih, through its Member Secretary -cum - Panchayat Secretary, Gram Panchayat Chandadih, District- Banka¶17
Mr. Government Advocate
respondent
The Mukhiya, Gram Panchayat Chandadih, District- Banka¶18
Mr. Government Advocate
respondent
The District Appellate Authority, Banka through its Office Secretary¶19
Mr. Government Advocate

Coram

AI extract

Anjani Kumar Sharanauthor¶23

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 8 Jan 2025 · January
Registered: 30 Aug 2024
Case no.: CWJC/13010/2024
CNR: BRHC010814412024
Bench: Anjani Kumar Sharan
Disposal: WITHDRAWN
Case type: CWJC

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Cite this judgement

Basukinath Singh v. The State of Bihar, CWJC/13010/2024 (PAT), decided on 8 January 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history1

At the oral hearing on 08-01-2025, after some arguments, counsel for the petitioner sought permission to withdraw the writ application with liberty to file an appeal before the State Appellate Authority.

View full history

Bench / Coram

Anjani Kumar Sharan

Parties & counsel