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Patna High Court

Binod Kumar BhutoriaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court granted permission to withdraw the review application and dismissed it as withdrawn.

Summary

Petitioner Binod Kumar Bhutoria filed a review application in the Patna High Court seeking redress of his grievance. He later requested permission to withdraw the review and approach the appropriate civil court. The court considered the request and granted permission to withdraw, ordering that the review stand dismissed as withdrawn. It further directed that any subsequent application filed in the civil court be considered on its own merits without prejudice from these proceedings. The court also ordered that any pending applications be disposed of.

Issues considered

  • Whether the petitioner may be permitted to withdraw his review application and approach a civil court for relief

Subjects

  • review petition
  • withdrawal of application
  • civil court jurisdiction
  • writ jurisdiction
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVIEW No.245 of 2024
                                                       In
                                Civil Writ Jurisdiction Case No.6909 of 2021
                 ======================================================
                 Binod Kumar Bhutoria, male, aged about 70 years, Son of Late Chandan Mul
                 Bhutoria, resident of Chandan Deep Apartment, Flat No. 304, Main Baily
                 Road, Sadikpur, P.S. - Rupaspur, District- Patna.

                                                                            ... ... Petitioner
                                                   Versus

           1.    The State of Bihar through the Principal Secretary, Urban Development
                 Department, Government of Bihar, Patna.
           2.    The Municipal Commissioner, Patna Municipal Corporation, Patna.
           3.    The Executive Engineer, New Capital Circle, Patna Municipal Corporation,
                 C-wing 4th Floor, Maurya Lok Complex, Patna.
           4.    The Chief Accounts Officer, Patna Municipal Corporation, Patna.
           5.    Saurabh Suman, Son of Late Meena Verma, W/o Shashi Bhushan, resident
                 of Flat No. 201, Chandan Villa Apartment, Opposite Ramgarh Kothi, Baily
                 Road, Rukanpura, P.S. - Rukanpura, District- Patna, Bihar.

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner       :    Mr. Neeraj Kumar, Advocate
                 For the Opposite Parties :    Mr. Y.P. Sinha, AAG-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                          (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   09-02-2026                  After some arguments, learned counsel for the

                   petitioner seeks permission to withdraw the present application

                   with liberty to approach the Civil Court having competent

                   jurisdiction for redressal of his grievance.

                                2. Permission, as prayed for, is granted.

                                3. Accordingly, with the aforesaid liberty, the present
            Patna High Court C. REV. No.245 of 2024(4) dt.09-02-2026
                                                         2/2




                      review application stands dismissed as withdrawn.

                                   4. If any such application is filed before the Civil

                      Court, the same shall be considered on its own merits, without

                      being prejudiced by the present proceedings.

                                   5. Pending application, if any, shall stands disposed

                      of.


                                                               (Sudhir Singh, J.)


                                                          (Rajesh Kumar Verma, J.)

Gaurav Kumar,
Ibrar/-

U


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