Patna High Court

Aditi DeviversusDharamsheela Kumari

Decided: 27 January 2026
Disposal: WITHDRAWN
Bench: SUDHIR SINGH RITESH KUMAR

Holding

The Court dismissed the application as withdrawn.

Summary

Petitioner Aditi Devi filed an application before the Patna High Court seeking permission to withdraw the pending application, citing that the matter was already before the Supreme Court. The State of Bihar, represented by its counsel, raised no objection to the withdrawal. The Court considered the petitioner's request and the lack of opposition. It held that the application could be withdrawn and accordingly dismissed it as withdrawn. The matter remains pending before the Apex Court.

Issues considered

Whether an application pending before the High Court can be withdrawn when the substantive issue is pending before the Supreme Court

Subjects

withdrawal of application
pending Supreme Court
procedural law
civil review
Patna High Court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CIVIL REVIEW No.23 of 2024
                                           In
                        Letters Patent Appeal No.113 of 2020
     ======================================================
     Aditi Devi Wife of Sri Ravi Kumar Resident of village- Dharmbari, P.O.-
     Safiyabad, P.S.- Baikunthpur District- Gopalganj, presently Pramukh of Block
     Panchayat Samiti, Baikunthpur District- Gopalganj.
                                                                  ... ... 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 -
Patna High Court C. REV. No.23 of 2024(3) dt.27-01-2026
                                             2/3




        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
      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 members
      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 members
      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 members 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 members
      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
      members 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 members
      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 members
      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 members
      of Block Panchayat Samiti, Vaishali through the Block Development Officer
      -cum- Executive Officer Block Panchayat Samiti Vaishali, P.O. and P.S.-
          Patna High Court C. REV. No.23 of 2024(3) dt.27-01-2026
                                                       3/3




                    Vaishali District- Vaishali at Hajipur.
               26. Priya Rani, Wife of not known to the petitioner the then elected members 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 to the petitioners the then elected members
                    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    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)


                                                 ( Ritesh Kumar, J)
Krishnakant/
Rajesh-
U

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