Patna High Court

Sikandar Prasad Singh,versusThe State of Bihar

Decided: 2 April 2026
Disposal: WITHDRAWN
Bench: ALOK KUMAR SINHA

Holding

The writ petition was dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The petitioner, Sikandar Prasad Singh, filed a civil writ petition before the Patna High Court. While the proceedings were pending, the original petitioner died. Counsel for the petitioner sought to withdraw the writ application and requested liberty to file a fresh petition. The respondents – the State of Bihar, the Education Department, Jai Prakash University and its officials – were present. The Court accepted the request, dismissed the present writ as withdrawn and granted liberty to file a fresh application. No substantive merits of the writ were adjudicated.

Issues considered

Whether a civil writ petition can be withdrawn on account of the death of the original petitioner and whether the court may grant liberty to file a fresh petition

Subjects

writ petition
withdrawal
death of petitioner
civil procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.10390 of 2020
                  ======================================================
                  Sikandar Prasad Singh, Son of Late Ram Chandra Singh, Resident of Sonepur
                  (Meena Bazar), P.S. Sonepur, District - Saran, Bihar 841101.
                                                                               ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through the Principal Secretary, Education Department,
                   Bihar, Patna.
            2.    Secretary Education Department, Bihar Patna.
            3.    Jai Prakash University Chapra through its Registrar.
            4.    Vice Chancellor Jai Prakash University, Chapra.
            5.     Purvottar Railway College, Sonepur Chapra through its Principal.
                                                                           ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :        Mr. Binodanand Mishra, Adv
                  For the State          :        Mr. SC 16
                  For the University     :        Mr. Bajarangi Lal, Adv
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

3    02-04-2026                     Learned counsel for the petitioner prays for

                    withdrawing the present writ application with liberty to file a

                    fresh application on account of the fact that the original writ

                    petitioner has died.

                                  2. Learned counsel for the respondent-University and

                    learned counsel for the respondent-State are present.

                                  3. As prayed for, the present writ application is

                    dismissed as withdrawn with liberty as aforesaid.



                                             (Alok Kumar Sinha, J)
kiran/-

U

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