IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1606 of 2007 RAM NARESH SINGH son of Sri Lalu Singh, resident of village Rajachak, P.S. Masaurhi, District Patna, at present posted as Assistant Teacher, Primary School, Ghoswari Tok, Bakhtiyarpur, Patna. Versus 1. THE STATE OF BIHAR 2. The Commissioner Cum Secretary, Department of Primary Secondary Education, Bihar, Patna. 3. District Superintendent of Education, Patna. 4. Block Education Extension Officer, Bakhtiyarpur, Patna. 5. Head Master, Middle School, Ghoswari, Bakhtiyarpur, Patna. ----------- 2 1.9.2010 Having heard counsel for the petitioner and counsel for the State and taking into account that the impugned order contained in Annexures-1 and 2 are appealable order in terms of Rule 23 of fcgkj jkT; jktdh; d`r izkjfEHkd fo/kky; f”{kd (LFkkukUrj.k ,oa vuq”klfud dkjZokbZ) fu;ekoyh] 2002] this application is permitted to be withdrawn, as prayed for, with a liberty to the petitioner to file a statutory appeal within a period of two months from today. In the event, such appeal is filed by the petitioner the appellate authority shall dispose of the same on merits without going into the question of limitation or delay in filing of the appeal, inasmuch as, the writ application had remained pending before this Court since 7.2.2007. With the aforementioned observation this application is permitted to be withdrawn. Abhay Kumar ( Mihir Kumar Jha, J.)