Patna High Court

Brajesh Kishore SinhaversusDharamsheela Kumari

Decided: 22 January 2026
Disposal: WITHDRAWN
Bench: SUDHIR SINGH RITESH KUMAR

Holding

The Court dismissed the application as withdrawn, granting the petitioner's request to withdraw.

Summary

The petitioner, Brajesh Kishore Sinha, filed a Letters Patent Appeal and later sought the Court's permission to withdraw the application, stating that the matter was pending before the Apex Court. The State's counsel raised no objection to the withdrawal. The Court considered whether it could allow the withdrawal of a pending application. Relying on procedural principles and the lack of opposition, the Court permitted the withdrawal. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the Court may grant permission to withdraw a pending application when the matter is sub judice before a higher court

Subjects

withdrawal of application
procedural order
letters patent appeal
sub judice

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CIVIL REVIEW No.4 of 2024
                                          In
                       Letters Patent Appeal No.113 of 2020
     ======================================================
     Brajesh Kishore Sinha Son of Nawal Kishore Sinha, Resident of Flat No. 401,
     Deo Sidhi Plaza, East of Kankarbhag Colony More, Patna, P.O. and P.S.
     Kankarbagh, District- Patna, presently Pramukh of Block Panchayat Samiti,
     Daniyawan, 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 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-
    Vaishali at Hajipur.
11. Sita Devi, Wife of Subodh Paswan, Resident of Village and P.O.- Amritpur,
Patna High Court C. REV. No.4 of 2024(3) dt.22-01-2026
                                             2/3




        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
      P.S.- Vaishali, District- Vaishali at Hajipur.
  26. Priya Rani, Wife of not known to the petitioner, the then elected member of
           Patna High Court C. REV. No.4 of 2024(3) dt.22-01-2026
                                                        3/3




                   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. S.B.K. Mangalam, Advocate
                                           :         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    22-01-2026                          Mr. S.B.K. Mangalam, 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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