Patna High Court

Rubee Khatoon @ Km. Rubee KhatoonversusThe State of Bihar

Decided: 27 January 2026
Disposal: WITHDRAWN
Bench: ALOK KUMAR SINHA

Holding

The court held that the writ petition may be withdrawn with liberty to approach the appellate authority.

Summary

Rubee Khatoon filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and various education officials. The petitioner later sought to withdraw the writ application, requesting liberty to approach the appropriate appellate authority as per a prior order dated 21-11-2025. The court considered the petitioner's request for withdrawal and the procedural propriety of allowing further appeal. After hearing counsel for both sides, the court permitted the withdrawal of the writ. Consequently, the case was dismissed as withdrawn, with the petitioner granted liberty to approach the appellate authority.

Issues considered

Whether the petitioner may withdraw the writ petition and retain the right to approach the appellate authority

Subjects

writ petition
withdrawal
appellate authority
civil procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1045 of 2026
                 ======================================================
                 Rubee Khatoon @ Km. Rubee Khatoon Daughter of Mahamud Ansari,
                 Resident of Village- Manjharia, P.O.- Ahiyapur, P.S.- Vijaipur, District-
                 Gopalganj.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Director, Primary Education, Govt. of Bihar,
                  New Secretariat, Patna.
           2.    The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.
           3.    The District Magistrate-cum-District Collector, Gopalganj.
           4.    The District Education Officer, Gopalganj.
           5.    The District Programme Officer (Literacy), Gopalganj.
           6.    The Headmaster, Upgraded Middle School, Bangra Mathiya, Block and P.S.-
                 Vijaipur, District- Gopalganj.
           7.     Sabeena Khatoon, Daughter of Subdar Miyan, Resident of Village-
                  Manjharia, P.O.- Ahiyapur, P.S.- Vijaipur, District- Gopalganj.
                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Bipin Bihari Singh, Adv
                 For the State :                Mr. Kumar Manish, Sc-05
                                                Mr. Prashant Kumar Ac to Sc-05
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   27-01-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the respondent-State.

                                 2. After advancing some argument, learned counsel

                   for the petitioner prays for withdrawing the writ application

                   with the liberty to approach the Appellate Authority in terms of

                   liberty granted vide order dated 21.11.2025 passed in

                   Miscellaneous Case No. 04 of 2025-26 ( Annexure P-7).

                                 3. As prayed for, case is dismissed as withdrawn with

                   liberty as aforesaid.

N.K/-                                                 (Alok Kumar Sinha, J)
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