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2016 DIGILAW 1539 (PAT)

Dasgupta Rupashree, Associate Professor, D/o Shri P B Dasgupta v. State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2016-11-23

HEMANT GUPTA, VIKASH JAIN

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JUDGMENT : HEMANT GUPTA, J. Heard learned counsel for the parties. The appellant is aggrieved by the order dated 19.08.2015 passed by the learned Single Bench of this Court in C.W.J.C.No. 13486 of 2013 whereby, the prayer for withdrawal of his writ application was declined as the writ application was to be heard along with C.W.J.C. No.12890 of 2015 filed by respondent No.5. Learned counsel for the appellant submits that he cannot be forced to continue his writ application to be heard though he prays for withdrawal of the same. We find that the order of the learned Single Bench in not permitting the appellant for withdrawal of the writ application and forcing the appellant to continue with the writ application which he does not want to press, is not tenable. No person can be compelled to continue with his petition, more so when the withdrawal is unconditional. Consequently, the appeal is allowed and the order dated 19.8.2015 declining to withdraw the writ application vide C.W.J.C.no. 13486 of 2013 is set aside. The Letters Patent Appeal is, thus, allowed and C.W.J.C.No. 13480 of 2013 is dismissed as withdrawn.