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Patna High Court

M/s Krishi Bhawan Through Proprietor Sobha Kant PrasadversusThe State Of Bihar

Decided
Disposal
WITHDRAWN

Holding

A review application may be dismissed as withdrawn when the petitioner seeks to withdraw it.

Summary

Petitioner M/s Krishi Bhawan filed a review application under Civil Review No.345 of 2023 seeking to set aside the order dated 26 June 2023 that dismissed its writ petition (C.W.J.C. No.4629 of 2023). The order had been passed by a division bench of the Patna High Court comprising the Chief Justice and Justice Partha Sarthy. During the hearing, counsel for the petitioner requested permission to withdraw the review application. The Court considered the request and, noting that the petitioner had voluntarily sought to abandon the proceedings, allowed the withdrawal. Consequently, the review application was dismissed as withdrawn. No substantive merits of the original writ petition were examined, and no statutory provisions or precedents were cited.

Issues considered

  • Whether a review application may be withdrawn by the petitioner at the hearing stage

Subjects

  • review
  • writ petition
  • withdrawal
  • civil procedure
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVIEW No.345 of 2023
                                                       In
                                 Civil Writ Jurisdiction Case No.4629 of 2023
                 ======================================================
                 M/s Krishi Bhawan Through Proprietor Sobha Kant Prasad, Son of Ram
                 Karan Prasad, Resident of Village- Madhaipur, Ward No.13. P.S.-Vidyapati
                 Nagar, District-Samastipur.
                                                                           ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Commissioner of State Taxes, New
                 Secretariat, Patna.
           2.    Assistant Commissioner, State Taxes, Darbhanga Circle, Darbhanga.
           3.    Additional Commissioner (Appeal), State Taxes, Darbhanga Circle,
                 Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :     Mr. Sunil Kumar Yadav, Advocate
                                                Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Parties :     Government Pleader-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                         and
                         HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

3   13-02-2026                  The petitioner has filed the instant application for the

                   following relief :-

                                                “That, present petition is directed for
                                      the review and to set-a-side the order dated
                                      26.06.2023 passed in C.W.J.C. No. 4629 of 2023
                                      by division bench comprising of Hon’ble the
                                      Chief Justice and Hon’ble Mr. Justice Partha
                                      Sarthy   by   which    the   writ   petition   was
                                      dismissed.”

                                2. Learned counsel for the petitioner seeks permission

                   to withdraw this application.
            Patna High Court C. REV. No.345 of 2023(3) dt.13-02-2026
                                                         2/2




                                   3. In view of the above, the application is dismissed as

                      withdrawn.


                                                        (Partha Sarthy, J)


                                                          (Rajiv Roy, J)
avinash/-

U


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