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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WITHDRAWN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The court permitted the withdrawal of the application and dismissed it as withdrawn.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 Accordingly, the court permitted the withdrawal and dismissed the application as withdrawn.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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