IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9692 of 2001 Dr. Ajay kumar, son of late Anirudha Prasad, Resident of Puranikala, Baniyatoli, P.S. Siwan, District Siwan, presently posted as Ayurvedic Medical Officer at Rajkiya Ayurvedic Hospital, Kodaria in the District of East Champaran, Motihari. ---------- Petitioner Versus 1. The State of Bihar through its Commissioner-cum-Secretary, Health Education and Family Welfare Department, Bihar, Patna. 2. The Deputy Secretary, Deptt. of Health Education and Family Welfare, Bihar, Patna. 3. The Director, Deshi Chikitsa, Bihar, Patna. 4. The District Indigenous Medical Officer, East Champaran, Motihari. 5. Dr. Nand Kishore Singh, son of not known, Ayurvedic Medical Officer, Rajkiya Ayurvedic Hospital, Kodaria, Dist. East Champaran, Motihari. --------- Respondents ----------- 6 26.08.2010 Counsel for the petitioner seeks permission of this Court to withdraw this application. Counsel for the petitioner, however, would point out that there was an interim order of this Court dated 1.8.2001, wherein, it was observed that if the writ petition fails this court may consider awarding suitable costs against the petitioner in order to compensate respondent no.5 who may be adversely affected on account of the stay of transfer of the impugned order of transfer. In the opinion of this Court, as the counsel for the respondent no.5 is also not 2 present and the petitioner has since been allocated State of Jharkhand, there would be no need to now pass any order for compensating the respondent no.5. That being so, this application is permitted to be withdrawn. Rsh (Mihir Kumar Jha, J.)