Patna High Court

Md. Naushad Ahmad @ Mohammad Naushad AlamversusThe State of Bihar

Decided: 29 January 2026
Disposal: WITHDRAWN
Bench: S B P SINGH

Holding

The court permitted the petitioner to withdraw the application and granted liberty to file a fresh application before the lower court.

Summary

The petitioner, Md. Naushad Ahmad, filed a civil writ petition in the Patna High Court seeking relief against the State of Bihar and several respondents. During the hearing, the petitioner’s counsel requested permission to withdraw the present application and to file a fresh application before the lower court. The issue before the court was whether such a withdrawal could be permitted. The court, after hearing the counsel, granted the request, finding no impediment to allowing the withdrawal. Consequently, the present application was dismissed as withdrawn and the petitioner was given liberty to file a fresh application in the lower court.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and file a fresh application before the lower court?

Subjects

withdrawal of writ petition
permission to withdraw
fresh application
civil writ jurisdiction
Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.33 of 2025
                                                    In
                              Civil Writ Jurisdiction Case No.9041 of 2023
                 ======================================================
                 Md. Naushad Ahmad @ Mohammad Naushad Alam S/o Md. Suleman R/o
                 Village Mohammadpur, P.O.- Maksuda, P.S.- Sakri, District- Madhubani.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Addl. Chief Secretary Department of Land and
                 Revenue, Patna.
           2.    Adul Kadir S/o Late Jakuria @ Jhari R/o Village Mohammadpur P.S. Sakri,
                 District-Madhubani.
           3.    Adul Razique S/o Late Jakuria @ Jhari R/o Village Mohammadpur P.S.
                 Sakri, District-Madhubani.
           4.    Bibi Asma W/o Late Abdul Khalique, D/o Late Mohammad Alam R/o
                 Village Mohammadpur P.S. Sakri, District-Madhubani.
           5.    Shahjahan Khatoon D/o Late Md. Suleman R/o Village Mohammadpur P.S.
                 Sakri, District-Madhubani.
           6.    Shajda Khatoon D/o Late Md. Suleman R/o Gulzarabgh Hat Post-
                 Gulzarbagh, P.S.-Alamganj, District-Patna.
           7.    Majda Khatoon D/o Late Md. Suleman R/o Village Mohammadpur P.S.
                 Sakri, District-Madhubani.
           8.    Umeda D/o Late Md Usman R/o Village Mohammadpur P.S. Sakri, District-
                 Madhubani.
           9.    Baddo D/o Late Md Usman R/o Village Mohammadpur P.S. Sakri, District-
                 Madhubani.
           10. Nasima D/o Late Md, Usman R/o Village Mohammadpur P.S. Sakri,
               District-Madhubani.
           11. Najima D/o Late Md Usman R/o Village Mohammadpur P.S. Sakri, District-
               Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr.Md. Soban Asghar
                 For the Respondent/s   :    Mr.Rishi Raj Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   29-01-2026                 After making some argument learned counsel for the

                   petitioner seeks permission to withdraw the present application

                   and submits that liberty may be given for filing a fresh
          Patna High Court C.Misc. No.33 of 2025(2) dt.29-01-2026
                                                       2/2




                    application before the lower Court.

                                 2. Permission is accorded.

                                 3. Accordingly,         the        present   application   stands

                    dismissed as withdrawn granting liberty to the petitioner for

                    filing a fresh application before the lower Court.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U

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