Patna High Court
Chanda KumariversusDharamsheela Kumari
- Decided
- Disposal
- WITHDRAWN
Holding
The court permitted the withdrawal of the application and dismissed it as withdrawn.
Summary
In a civil review before the Patna High Court, petitioner Chanda Kumari sought permission to withdraw her application because the substantive dispute was pending before the Supreme Court. The State of Bihar, represented by its counsel, raised no objection to the withdrawal. The bench, comprising Justices Sudhir Singh and Ritesh Kumar, considered the request and the lack of opposition. Accordingly, the court permitted the withdrawal and dismissed the application as withdrawn. No substantive merits of the underlying dispute were addressed in this order.
Issues considered
- Whether the petitioner may be allowed to withdraw the application when the main issue is pending before the Supreme Court
Subjects
- withdrawal of application
- pending Supreme Court
- Civil Review
- Patna High Court
- Letters Patent Appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.3 of 2024
In
Letters Patent Appeal No.113 of 2020
======================================================
Chanda Kumari Wife of Sri Santosh Paswan, Resident of Village - Ujain
Lohiyar, Ward No. 13, P.O. Gayghat, P.S. - Harsidhi, District - East
Champaran at Motihari, presently Pramukh of Block Panchayat Samiti,
Harsidhi, District - East Champaran at Motihari. ... ... 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- Viashali 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 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.
The then 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. The then
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. The then 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. The then
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. The then
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. The then 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. The then 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. The then elected member
of Block Panchayat Samiti, Vaishali, P.O. and P.S. Vaishali, District -
Patna High Court C. REV. No.3 of 2024(3) dt.29-01-2026
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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 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, 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
Patna High Court C. REV. No.3 of 2024(3) dt.29-01-2026
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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-
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/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 29-01-2026 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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