Patna High Court
Malti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court allowed the withdrawal of the writ petition and disposed of the application as infructuous.
Summary
The petitioner, Vivek Prakash, filed a civil writ petition before the Patna High Court seeking relief against the State of Bihar and several officials. The grievance underlying the petition was later settled between the parties. The petitioner’s counsel then applied to the Court for permission to withdraw the writ petition, stating that the matter was resolved. The Court considered whether a petitioner may be allowed to withdraw a writ petition after filing. It held that, in the absence of any prejudice to the respondents and where the grievance is settled, the Court may permit withdrawal. Accordingly, the Court granted permission to withdraw and disposed of the application as infructuous.
Issues considered
- Whether a petitioner may be permitted to withdraw a civil writ petition after filing it
Subjects
- writ petition
- withdrawal
- infructuous
- civil writ jurisdiction
- settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19554 of 2025
======================================================
Vivek Prakash Son of Late Vinay Sharma, Resident of House no.- B/528,
Paijaba, Ranipur Patna City, P.S.- Bypass, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resourcees
Department, Sichai Bhawan, Patna.
2. The Joint Secretary (Management), Water Resource, Department Sichai
Bhawan, Patna.
3. The Deputy Secretary (Management), Water Resource, Department Sichai
Bhawan, Patna.
4. The Treasury Officer, Secretariate Treasury, Government of Bihar, Patna.
5. The Accountant General, Bihar Patna.
6. The D.G.P. Bihar, Patna.
7. The S.P. East, Patna.
8. The S.H.O., Patna Bypass P.S., Patna.
9. Kumari Vimla, Wife of Late Vinay Sharma Retired Government School
Teacher, , Resident of House no.- B/528, Paijaba, Ranipur, Patna City, P.S.-
Bypass, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey
For the Respondent/s : Mr. Sarvesh Kumar, GP-24
Mr. Raj Nandan Prasad
Mr. Sanjeev Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-03-2026 This case has been listed under the heading ‘To Be
Mentioned’ at the instance of learned counsel for the petitioner.
2. Learned counsel for the petitioner seeks
permission to withdraw this application, submitting that the
grievance for which the writ petition was filed has been settled.
3. Permission is granted.
Patna High Court CWJC No.19554 of 2025(3) dt.11-03-2026
2/2
4. Accordingly, this application is disposed of as
having become infructuous.
(Ajit Kumar, J)
shikha/-
U
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