IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4337 of 2003 RAM CHANDRA MISHRA Versus KHADI & VILLAGE INDUSTRIES COMMISSION & ORS. ----------- 9/ 09/04/2009 Heard learned counsel for the petitioner, learned counsel for the Khadi & Village Industries Commission and learned counsel for Patna Zila Khadi Gramodyog Sangh. The relief in this writ application is claimed against the Patna Jila Khadi Gramodyog. The respondents raised an objection with regard to the maintainability submitting that it did not fall within the term “State” under Article-12 of the Constitution of India. He relies on a judgement on certain Bench decisions of this Court in C.W.J.C. No.3120/07 and more recently in C.W.J.C. No.3396/09 disposed on 8.4.2009 when this Court has held that the writ application was not maintainable against the respondent institution. Learned counsel for the petitioner seeks to persuade this Court from certain other orders of this Court appended to the supplementary affidavit. This Court finds that in those orders the issue of maintainability did not come up for consideration. In that view of the matter, learned counsel for 2 the petitioner prays for leave to withdraw the application to enable the petitioner to pursue his remedies before the appropriate forum. Nothing in this order for the withdrawal of the writ application, for the aforesaid reason, shall be construed as a refusal of this Court to grant relief on merits, which shall necessarily have to be considered by the appropriate forum, in accordance with law, on the merits. The application is dismissed as withdrawn. KC ( Navin Sinha, J.)