Patna High Court
Dina Nath YadavversusThe State of Bihar through the Principal Secty Deptt. of Mines and Minerals Govt. of Bihar, Patna
- Decided
- Disposal
- WITHDRAWN
- Bench
- ARUN KUMAR JHA
Holding
The writ petition is not maintainable as it challenges a judicial order.
Summary
The petitioner, Dina Nath Yadav, filed a criminal writ petition in the Patna High Court challenging an order dated 20 June 2025 passed by the Additional Chief Judicial Magistrate, Patna City, in PS case No. 60 of 2025. The petition sought relief against the State of Bihar and several mining officials. The Court examined whether the writ petition was maintainable, noting that it was filed against a judicial order rather than an administrative act. The Court held that the petition was not maintainable. The petitioner’s counsel requested permission to withdraw the petition and replace the certified copies with true copies. The Court granted permission, dismissed the petition as withdrawn, and directed the return of the certified copies.
Issues considered
- Whether the writ petition challenging the order of the Additional CJM is maintainable under criminal writ jurisdiction?
Subjects
- writ petition
- maintainability
- criminal writ jurisdiction
- withdrawal
- procedural law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2808 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- GAURICHAK District- Patna
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Dina Nath Yadav S/o Dev Nandan Yadav R/o Mohalla- Kankarbag Road Devi
Sthan Naya Tola, P.S.- Kumhrar, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secty Deptt. of Mines and Minerals
Govt. of Bihar, Patna Bihar
2. The Mines Commissioner Bihar, Patna Bihar
3. The Special Secretary cum Director JMines and Geological Deptt. Govt. of
Bihar, Patna Bihar
4. The District Magistrate, Patna Bihar
5. The Mining Development Officer, Patna Bihar
6. The Mining Inspector, Patna Bihar
7. The S.H.O. Gaurichak P.S., Patna Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Kumar Singh
For the Respondent/s : G.P. 7
For the Dep. Of Mines : Mr. Utsav Anand, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 02-02-2026 The present writ petition does not appear to be
maintainable since it has been preferred against the order dated
20.06.2025 passed in Gaurichak P.S. Case No. 60 of 2025 by the
learned Additional CJM, Patna City.
02. At the outset, learned counsel for the petitioner
seeks permission to withdraw the present petition with liberty to
have the recourse of law in appropriate proceeding before
appropriate forum. Learned counsel for the petitioner further
prays that the certified copies filed in the present writ petition
Patna High Court CR. WJC No.2808 of 2025(2) dt.02-02-2026
2/2
may be returned to him and in its place its true copies may be
substituted.
03. Permission is accorded.
04. Accordingly, the present petition is dismissed as
withdrawn with liberty to the petitioner to have the recourse of
law in appropriate proceeding before appropriate forum.
05. Office is directed to return the certified copies
filed by the petitioner after its true copies are substituted.
(Arun Kumar Jha, J)
anuradha/-
U T
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