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Patna High Court

Sangita DeviversusDharamsheela Kumari

Decided
Disposal
WITHDRAWN

Holding

The application was dismissed as withdrawn.

Summary

The petitioner sought the Court's permission to withdraw his application on the ground that the substantive issue was pending before the Supreme Court. The State's counsel raised no objection to the withdrawal. The Court, after considering the petitioner's request, dismissed the application as withdrawn. No substantive merits of the underlying dispute were addressed. The order was pronounced by Justice Sudhir Singh and Justice Ritesh Kumar.

Issues considered

  • Whether a party may be permitted to withdraw an application when the main dispute is pending before the Supreme Court

Subjects

  • withdrawal of application
  • pending Supreme Court
  • procedural order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CIVIL REVIEW No.22 of 2024
                                          In
                       Letters Patent Appeal No.113 of 2020
     ======================================================
     Sangita Devi wife of Alok Kumar Resident of village and P.O. Gardhi, P.S.
     Mohanpur, District Samastipur, presently Pramukh of Block Panchayat
     Samiti, Mohanpur, District - Samastipur.
                                                                 ... ... 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. The then elected members 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.
     The then elected members 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. The then
     elected members 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. The then elected
     members of Block Panchayat Samiti, Vaishali, P.O and P.S Vaishali, District
     - Vaishali at Hajipur.
6.   Kishore Sah son of Late Nageshwar Sah, Resident of village - Rasul Chak,
     P.O. Balukaram, P.S. Vaishali, District - Vaishali at Hajipur. The then elected
     members 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. The then elected
     members 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. The then elected
     members 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. The then elected
     members 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. The then elected members
    of Block Panchayat Samiti, Vaishali, P.O and P.S Vaishali, District - Vaishali
    at Hajipur.
11. Sita Devi wife of Subodh Paswan, Resident of village and P.O. Amritpur,
    P.S. Vaishali, District - Vaishali at Hajipur. The then elected members of
Patna High Court C. REV. No.22 of 2024(3) dt.27-01-2026
                                             2/3




        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 Panchayat
      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 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-
          Patna High Court C. REV. No.22 of 2024(3) dt.27-01-2026
                                                       3/3




                    cum- Executive Officer, Block Panchayat Samiti, Vaishali, P.O. and P.S.-
                    Vaishali, District- Vaishali at Hajipur.
               27. Anil Kumar, 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.
                                                                        ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner       :       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    27-01-2026                     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)


Krishnakant/                                     ( Ritesh Kumar, J)
Rajesh
U


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