Patna High Court

Gayatri DeviversusDharamsheela Kumari

Decided: 29 January 2026
Disposal: WITHDRAWN
Bench: SUDHIR SINGH RITESH KUMAR

Holding

The application for withdrawal was dismissed as withdrawn, permitting the parties to continue the matter before the Supreme Court.

Summary

The petitioner, Gayatri Devi, filed an application before the Patna High Court seeking permission to withdraw the pending civil review because the substantive issue was already before the Supreme Court. The State of Bihar, represented by its counsel, raised no objection to the withdrawal request. The court considered whether a party may be allowed to withdraw an application when the main dispute is pending before a higher forum. The judges noted that the petitioner’s counsel had formally requested the withdrawal and the State consented. Consequently, the court dismissed the application as withdrawn, allowing the parties to pursue the matter before the Apex Court.

Issues considered

Whether a party may be granted permission to withdraw a pending application in a High Court when the substantive dispute is already before the Supreme Court

Subjects

Civil Review
Withdrawal of application
Pending Supreme Court
Procedural law
High Court jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CIVIL REVIEW No.2 of 2024
                                          In
                       Letters Patent Appeal No.113 of 2020
     ======================================================
     Gayatri Devi Wife of Sri Shila Prasad Yadav Resident of Village and P.O.
     Madhopur, P.S. Marhowrah, District-saran at Chapra, Presently Pramukh of
     Block Panchayat Samiti- Marhowrah, District-Saran at Chapra.
                                                                 ... ... Petitioner/s
                                        Versus
1.    Dharamsheela Kumari Wife of Jitendra Kumar Rai the then Pramukh of
      Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali, District-Vaishali at
      Hajipur
2.   Hemant Kumar Son of Sri Suresh Prasad Singh Resident of Village
     Bhagwanpur Rati, P.O.- Balukaram, P.S.- Vaishali, District- Vaishali at
     Hajipur. Elected Member of Block Panchayat Samiti, Vaishali, P.O. and P.S.-
     Vaishali, District-Vaishali at Hajipur.
3.   Shailendra Prasad Singh Son of Bharat Prasad Singh Resident of Village
     Panchpaika, P.O.- Abul Hasanpur, P.S.- Vaishali, District- Vaishali at
     Hajipur.Elected Member of Block Panchayat Samiti, Vaishali, P.O. and P.S.-
     Vaishali, District-Vaishali at Hajipur.
4.   Haridwar Pandey Son of Sri Nand Kishore Pandey Resident of Village and
     P.O.- Abul Hasanpur, P.S.- Vaishali, District- Vaishali at Hajipur Elected
     Member of Block Panchayat Samiti, Vaishali, P.O. and P.S.- Vaishali,
     District-Vaishali at Hajipur.
5.   Amrit Paswan Son of Shiv Nandan Paswan Resident of Village and P.O.-
     Dharampur, P.S.- Vaishali, District- Vaishali at Hajipur. Elected Member of
     Block Panchayat Samiti, Vaishali, P.O. and P.S.- Vaishali, District-Vaishali at
     Hajipur.
6.   Kishore Sah Son of Late Negeshwar Sah Resident of Village- Rasul Chak,
     P.O.- Balukaram, P.S.- Vaishali, District- Vaishali at Hajipur. Elected
     Member of Block Panchayat Samiti, Vaishali, P.O. and P.S.- Vaishali,
     District-Vaishali at Hajipur.
7.   Lalita Kumari Wife of Sakaldeo Paswan Resident of Village- Kamtauliya,
     P.O.- Balukaram, P.S.- Vaishali, District- Vaishali at Hajipur. Elected
     Member of Block Panchayat Samiti, Vaishali, P.O. and P.S.- Vaishali,
     District-Vaishali at Hajipur.
8.   Sanoj Kumar Sahani Son of Kailash Sahani Resident of Village and P.O.-
     Vaishali, P.S.- Vaishali, District- Vaishali at Hajipur, Elected Member of
     Block Panchayat Samiti, Vaishali, P.O. and P.S.- Vaishali, District-Vaishali at
     Hajipur.
9.   Dharmendra Pandit Son of Kamal Pandit Resident of Village and P.O.-
     Hajpura, P.S.- Vaishali, District- Vaishali at Hajipur. Elected Member of
     Block Panchayat Samiti, Vaishali, P.O. and P.S.- Vaishali, District-Vaishali at
     Hajipur.
10. Manzoor Alam Son of Mahmood Alam Resident of Village and P.O.- Daud
    Nagar, P.S.- Vaishali, District- Vaishali at Hajipur. Elected Member of Block
    Panchayat Samiti, Vaishali, P.O. and P.S.- Vaishali, District-Vaishali at
Patna High Court C. REV. No.2 of 2024(3) dt.29-01-2026
                                             2/3




        Hajipur.
  11. Sita Devi Wife of Subodh Paswan Resident of Village and P.O.- Amritpur,
      P.S.- Vaishali, District- Vaishali at Hajipur. Elected Member of Block
      Panchayat Samiti, Vaishali, P.O. and P.S.- Vaishali, District-Vaishali at
      Hajipur.
  12. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
  13. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
      Patna.
  14. The Director, Panchayati Raj Department, Government of Bihar, Patna.
  15. The District Magistrate, Vaishali at Hajipur, District-Vaishali at Hajipur.
  16. The Block Development Officer-Cum-Executive Officer, Block Panchayati
      Samiti, Vaishali, District-Vaishali at Hajipur
  17. Neelam Devi Wife of Dinesh Singh the then Up-Pramukh of Block
      Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali, District-Vaishali at
      Hajipur.
  18. Gayatri Singh Wife of not Known to the Petitioner the then Elected member
      of Block Panchayat Samiti, Vaishali through the Block Development
      Officer-cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and
      P.S.- Vaishali, District- Vaishali at Hajipur.
  19. Md. Naushad Son of not Known to the Petitioner the then Elected member
      of Block Panchayat Samiti, Vaishali through the Block Development
      Officer-cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and
      P.S.- Vaishali, District- Vaishali at Hajipur.
  20. Bharat Ram Son of not Known to the Petitioner the then Elected member of
      Block Panchayat Samiti, Vaishali through the Block Development Officer-
      cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and P.S.-
      Vaishali, District- Vaishali at Hajipur.
  21. Sunaina Devi Wife of not Known to the Petitioner the then Elected member
      of Block Panchayat Samiti, Vaishali through the Block Development
      Officer-cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and
      P.S.- Vaishali, District- Vaishali at Hajipur.
  22. Sandhya Kumari Wife of not Known to the Petitioner the then Elected
      member of Block Panchayat Samiti, Vaishali through the Block
      Development Officer-cum- Executive Officer, Block Panchayat Samiti,
      Vaishali, P.O. and P.S.- Vaishali, District- Vaishali at Hajipur.
  23. Neelam Devi Wife of not Known to the Petitioner the then Elected member
      of Block Panchayat Samiti, Vaishali through the Block Development
      Officer-cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and
      P.S.- Vaishali, District- Vaishali at Hajipur.
  24. Sulekha Devi Wife of Not Known to the Petitioner the then Elected member
      of Block Panchayat Samiti, Vaishali through the Block Development
      Officer-cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and
      P.S.- Vaishali, District- Vaishali at Hajipur.
  25. Meena Devi Wife of not Known to the Petitioner the then Elected member
      of Block Panchayat Samiti, Vaishali through the Block Development
      Officer-cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and
          Patna High Court C. REV. No.2 of 2024(3) dt.29-01-2026
                                                       3/3




                   P.S.- Vaishali, District- Vaishali at Hajipur.
              26. Priya Rani Wife of not Known to the Petitioner the then Elected member of
                  Block Panchayat Samiti, Vaishali through the Block Development Officer-
                  cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and P.S.-
                  Vaishali, District- Vaishali at Hajipur.
              27. Anil Kumar Son of Not Known ot the Petitioner the then Elected member of
                   Block Panchayat Samiti, Vaishali through the Block Development Officer-
                   cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and P.S.-
                   Vaishali, District- Vaishali at Hajipur.
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Awnish Kumar, Advocate
                  For the Opposite Party/s :        Mr. Vikash Kumar, SC-11
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                          and
                          HONOURABLE MR. JUSTICE RITESH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3    29-01-2026                      Learned counsel for the petitioner seeks permission

                    to withdraw this application since the issue is pending before the

                    Hon'ble Apex Court.

                                 2. Learned counsel for the State has no objection to

                    the same.

                                 3. In view of the submission made by the learned

                    counsel for the petitioner, the application stands dismissed as

                    withdrawn.



                                                 (Sudhir Singh, J)


                                                 ( Ritesh Kumar, J)
Ajay/Rajesh
U

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