IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3233 of 2010 1. NAGENDRA PRASAD SINHA S/O BIJAY PRASAD SINHA R/O VILL.- AWARHI, VIA- BAHBVNAUL, DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, WATER RESOURCES DEPTT., PATNA 2. JOINT SECRETARY TO THE GOVT. OF BIHAR, WATER RESOURCES DEPTT., PATNA 3. ENGINEER IN CHIEF, WATER RESOURCES DEPTT., PATNA 4. CHIEF ENGINEER, WATER RESOURCES DEPTT., DARBHANGA 5. EXECUTIVE ENGINEER, WEST KOSHI NAHAR DIVISION, ANDHRATHANI, MADHUBANI 6. EXECUTIVE ENGINEER, SONE NAHAR DIVISION, KHAGAUL, PATNA ----------- 2/ 07/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the State raises a preliminary objection with regard to a remedy of appeal available under Rule-24 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. Leave is then sought to withdraw the application to pursue the alternative remedy of appeal. Any appeal preferred by the petitioner is required to be considered and disposed off on its own merits in accordance with law without being prejudiced by the withdrawal of the present writ application to pursue the alternative remedy. It is made clear that this Court has not gone into the merits of the matter which remains open for consideration in its entirety by the appellate authority. It is expected that such an appeal shall be - 2 - disposed off expeditiously within the statutory period provided under the Rules. The application is dismissed as withdrawn with the liberty aforesaid. KC ( Navin Sinha, J.)