Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: WITHDRAWN
Bench: SUDHIR SINGH SUNIL DUTTA MISHRA

Holding

The Court may permit withdrawal of a pending writ application and dismiss it as withdrawn.

Summary

The petitioner, Dharmendra Kumar, filed a civil writ petition before the Patna High Court challenging certain actions of the State of Bihar and its Minor Irrigation Department. After filing, the petitioner sought the Court’s permission to withdraw the writ application. The Court examined its inherent jurisdiction to allow a party to withdraw a pending writ petition. It held that, subject to procedural safeguards, the Court may grant such permission. Accordingly, the Court granted the petitioner's request and dismissed the writ application as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the pending writ application?

Subjects

writ jurisdiction
withdrawal of petition
civil procedure
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.10828 of 2025
                  ======================================================
                  Dharmendra Kumar Son of Late Jairam Sharma, Resident of Village Khudauri, P.S.
                  Hulasganj, District- Jehanabad, Bihar.
                                                                                          ... ... Petitioner/s
                                                            Versus
            1.    The State of Bihar through Chief Secretary, Government of Bihar, Patna.
            2.    The Principal Secretary, Minor Irrigation Department, Government of Bihar, Patna, Patna.
            3.    The Engineer-In-Chief, Minor Irrigation Department, Government of Bihar, Patna, Patna.
            4.    The Chief Engineer, Minor Irrigation Department, Government of Bihar, Patna.
            5.    The Chief Engineer (Planning and Monitoring and Geology), Minor Irrigation Department,
                  Government of Bihar, Patna.
            6.    The Superintending Engineer (Headquarters) Monitoring, Minor Irrigation Department,
                  Government of Bihar, Patna.
                                                                                    ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s       :        Mr. Prabhat Ranjan, Advocate
                  For the Respondent/s       :        Mr. Advocate General
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                          and
                          HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER
                  (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3    16-04-2026                       Learned counsel for the petitioner seeks permission

                    to withdraw the present writ application.

                                  2. Permission is accorded.

                                  3. Accordingly, the present writ application stands

                    dismissed as withdrawn.



                                                   (Sudhir Singh, J)


                                                 (Sunil Dutta Mishra, J)
Sachin/-

U

Continue reading with your account

Checking your session…