IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10770 of 2010 1. Balmiki Sharma S/O Late Chandeshwar Sharma R/O Vill.- P.O.- Jarkha, P.S.- Sigori, Distt.- Patna Versus 1. The State Of Bihar 2. The Commissioner-Cum-Secretary, Water Resources Department, Govt. Of Bihar, Sichai Bhawan, Patna 3. The Engineer-In-Chief (South Water Resources Department), Govt. Of Bihar, Sichai Bhawan, Patna 4. The Chief Engineer, Central Design Office, Water Resources Department, Govt. Of Bihar, New Sichai Bhawan, Anishabad, Patna 5. The Executive Engineer, Nahar Designation Pramandal No. 2, Water Resources Department, Govt. Of Bihar, Patna ----------- 2. 11.11.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 30.7.2009 compulsorily retiring him from service on completion of 60 years of age. Learned counsel for the petitioner submits that his date of birth is 17.9.1959, the respondents without any enquiry in accordance with law have unilaterally assumed it to be 17.7.1949 ignoring the entries made in the service book which contains no correction. Counsel for the State from the counter affidavit asserts that the petitioner had earlier filed C.W.J.C. No. 15370 of 2009 for correction of his date of birth from 17.7.1949 to 17.9.1959. The writ application was dismissed as withdrawn when this Court declined to interfere. The matter attained 2 finality. The question in that writ application and the substantive question in the present writ application are the same. The question of the date of birth of the petitioner is therefore a disputed question of fact which cannot be examined in the writ jurisdiction. Learned counsel for the petitioner prays for leave to withdraw the application to avail remedy before an appropriate civil forum, if so advised. The application is dismissed as withdrawn with the liberty as aforesaid. P. Kumar ( Navin Sinha, J.)