Patna High Court

Mitendr Prasad YadavversusDharamsheela Kumari

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Disposal: WITHDRAWN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

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Mitendr Prasad Yadav, filed a civil review application in the Patna High Court seeking permission to withdraw the matter because the substantive issue was pending before the Supreme Court. The State of Bihar, represented by its counsel, raised no objection to the withdrawal request. The learned counsel for the petitioner argued that continuation of the application would be futile while the higher court was hearing the main dispute. The bench, comprising Justices Sudhir Singh and Ritesh Kumar, considered the procedural propriety of allowing a withdrawal in such circumstances. Accordingly, the court dismissed the petitioner's application as withdrawn, thereby terminating the proceedings in the High Court.

Issues considered

Whether the petitioner may be permitted to withdraw the civil review application while the substantive issue is pending before the Supreme Court

Subjects

withdrawal of application
pending before Supreme Court
civil review
procedural law
letters patent appeal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CIVIL REVIEW No.7 of 2024
                                          In
                       Letters Patent Appeal No.113 of 2020
     ======================================================
     Mitendr Prasad Yadav son of Sakaldev Yadav, resident of Village and P.O.
     Usuri Kalan, P.S. Isuapur, District-Saran at Chapra, presently Pramukh of
     Block Panchayat Samiti, Isuapur, District-Saran at Chapra. ... ... 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,
    P.s. Vaishali, District-Vaishali at Hajipur. the then elected Member of Block
Patna High Court C. REV. No.7 of 2024(3) dt.22-01-2026
                                             2/3




        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
      Block Panchayat Samiti, Vaishali, through the Block Development Officer
           Patna High Court C. REV. No.7 of 2024(3) dt.22-01-2026
                                                        3/3




                   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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