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Patna High Court

Rina SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

A writ petition that has become infructuous due to settlement of the petitioner’s grievance may be withdrawn and dismissed by the Court.

Summary

Rina Singh filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and related authorities. During the pendency of the petition, the petitioner’s grievance was resolved to his satisfaction. The petitioner’s counsel sought permission to withdraw the writ petition on the ground that it had become infructuous. The Court examined the request and, finding no objection, granted permission to withdraw the petition. Consequently, the Court dismissed the writ petition as infructuous along with any interlocutory applications. The order reflects the Court’s procedural discretion to close proceedings when the relief sought is no longer required.

Issues considered

  • Whether a civil writ petition may be withdrawn and dismissed as infructuous when the petitioner’s grievance has been settled during the pendency of the petition?

Subjects

  • writ petition
  • withdrawal
  • infructuous
  • civil writ jurisdiction
  • Patna High Court
  • settlement of grievance

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1177 of 2024
                 ======================================================
                 Rina Singh daughter of Mukhlal Singh and wife of Nagesh Kumar Gopal,
                 resident of Village-Dumra, Post Office-Sirkhinda, Police Station-Nokha,
                 District-Rohtas.

                                                                           ... ... Petitioner/s
                                                  Versus

           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Patna, Bihar.
           2.    The Managing Director, Bihar State Food and Civil Supplies Corporation
                 Limited, Patna, Bihar.
           3.    The Secretary, Bihar Combined Entrance Competitive Examination Board,
                 Patna, Bihar.
           4.    The Controller of Examination, Bihar Combined Entrance Competitive
                 Examination Board, Patna, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Parijat Saurav, Advocate
                 For the State          :     Mr. Standing Counsel 24
                 For the BCECE Board    :     Mr. Prasoon Sinha, Sr. Advocate
                                              Mr. Prabhat Kumar, Advocate
                 For the FCI            :     Mr. Shailendra Kumar Singh, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-02-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                               2. Learned counsel for the petitioner submits that the

                   present writ petition has become infructuous, as during the

                   pendency of the writ petition, the grievance of the petitioner has

                   been settled. As such, he seeks permission to withdraw the

                   present writ petition.

                               3. Permission, as prayed for, is granted.
         Patna High Court CWJC No.1177 of 2024(3) dt.16-02-2026
                                                     2/2




                               4. Accordingly, the present writ petition stands

                   dismissed as having become infructuous, along with the

                   Interlocutory Application, if any.



                                                              (Dr. Anshuman, J.)

Aman Kumar/-

U


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