IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.959 of 2009 DR.SURESH KUMAR, S/o. late Prabhu Mahto, r/o. Mohalla- Kaloo Bara (Bara Bazar), P.S. Kotwali, District- Munger. ----- Appellant. Versus 1. The State Of Bihar, through Secretary, Finance Department, Govt. of Bihar, Secretary, Patna. 2. The Secretary, Higher Education Department, Bihar, Secretariat, Panta. 3. Tilka Manjhi Bhagalpur University, Bhagalpur, through Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 5. Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 6. Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur. 7. Principal, R.D. & D.J. College, Munger. 8. Vinay Prasad Mishra, S/o. Girja Nandan Mishra R/o. Pataur, P.O.Pataur, P.S. Darbhanga, District- Darbhanga at Present- Near Konarkk Cinema Road, behind Thakur Mishra’s House P.S. Kasim Bazar, District- Munger. -------- Respondents. ----------- 03. 16.02.2010 Heard learned counsel for the appellant and perused the order under appeal, whereby the writ petition was permitted to be withdrawn with a liberty to the petitioner to move before the Hon’ble Chancellor in view of the statutory remedy provided under the relevant act. Learned counsel for the appellant submits that petitioner never intended to withdraw the writ petition and the prayer made before the 2 writ Court was to hear the writ petition on merits and not to dispose it of as withdrawn with liberty. In view of the statutory remedy available to the appellant/writ petitioner before the Chancellor against the order of the Vice Chancellor, we do not find any good reason to interfere with the order. Even if it be presumed that there was no prayer to withdraw the writ petition, in the facts of the case the writ petition could have been easily dismissed with the liberty granted. Hence, we find no merit in this appeal, it is accordingly dismissed. Mkr. (Shiva Kirti Singh, J.) ( C.M. Prasad, J.)