Patna High Court
Munna KumarversusDharamsheela Kumari
- Decided
- Disposal
- WITHDRAWN
Holding
The Court dismissed the application as withdrawn, permitting the petitioner to withdraw the pending civil review.
Summary
Munna Kumar filed a civil review application before the Patna High Court seeking relief, but his counsel later requested to withdraw the application because the matter was pending before the Supreme Court. The State of Bihar's counsel did not oppose the withdrawal. The Court considered whether it could permit the withdrawal of a pending application. Relying on procedural principles, the Court allowed the withdrawal and dismissed the application as withdrawn. No substantive merits of the original dispute were addressed.
Issues considered
- Whether the petitioner may withdraw a civil review application while the substantive issue is pending before the Apex Court
Subjects
- withdrawal of application
- civil review
- pending Supreme Court appeal
- procedural law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.29 of 2024
In
Letters Patent Appeal No.113 of 2020
======================================================
Munna Kumar Son of Fakira Ray Resident of Village and P.O. Bhanpur
Barewa, P.S. Goraul, District- Vaishali at Hajipur, presently Pramukh of Block
Panchayat Samiti, Goraul, District- Vaishali at Hajipur. ... ... Petitioner/s
Versus
1. Dharamsheela Kumari W/o- Shri Jitendra Kumar Rai, 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 Rat, 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 Nageshwar 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
Hajipur.
Patna High Court C. REV. No.29 of 2024(3) dt.28-01-2026
2/3
11. Sita Devi, Wife of Subodh Paswan, Resident of Village and P.O.- Amritpur,
P.S.- Vaishali, District- Vaishali at Hajipur. 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 Panchayat
Samiti, Vaishali, District- Vaishali at Hajipur.
17. Neelam Devi Wife of Dinesh Singh Presently 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 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. 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. 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. 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. 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. 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. 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. 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.29 of 2024(3) dt.28-01-2026
3/3
26. Priya Rani Wife of not known to the petitioner. 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 petitioner. 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 28-01-2026 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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