Patna High Court

Manoj KumarversusDharamsheela Kumari

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Disposal: WITHDRAWN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

Holding

The application is dismissed as withdrawn.

Summary

Manoj Kumar filed a civil review application before the Patna High Court seeking permission to withdraw the proceedings because the substantive matter was pending before the Supreme Court. The State of Bihar, represented by its counsel, raised no objection to the withdrawal. The Court considered whether a party may withdraw an application when the main dispute is sub judice before the Apex Court. It held that withdrawal is permissible provided there is no prejudice to the opposite party and the State consented. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether a civil review application may be withdrawn when the principal dispute is pending before the Supreme Court

Subjects

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

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CIVIL REVIEW No.27 of 2024
                                          In
                       Letters Patent Appeal No.113 of 2020
     ======================================================
     Manoj Kumar Son of Raghuvansh Prasad Ray Resident of Village-
     Bishunpur, P.O.- Madhopur, P.S.- Akilpur, District- Patna, presently residing
     at Mohalla- New Tarachak, Mainpura, District- Patna, presently Pramukh of
     Block Panchayat Samiti, Danapur, District- Patna.
                                                                 ... ... 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 Komal 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.
Patna High Court C. REV. No.27 of 2024(3) dt.27-01-2026
                                             2/3




  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.-
      Vaishali District- Vaishali at Hajipur.
          Patna High Court C. REV. No.27 of 2024(3) dt.27-01-2026
                                                       3/3




               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

Continue reading with your account

Checking your session…