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Patna High Court

Natho PrasadversusState of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court may permit withdrawal of a writ petition if the petitioner’s grievance has been resolved, resulting in dismissal of the petition as withdrawn.

Summary

The petitioner, Natho Prasad, filed a civil writ petition in the Patna High Court challenging various officials of the State of Bihar. During the pendency of the petition, the petitioner’s grievance was reportedly resolved. The petitioner’s counsel therefore sought the Court’s permission to withdraw the writ application. The Court examined the request and, noting that the grievance was settled, granted permission for withdrawal. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether a petitioner may withdraw a civil writ petition after filing it, when the grievance is settled

Subjects

  • writ petition
  • withdrawal
  • civil procedure
  • Patna High Court
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.12292 of 2024
                  ======================================================
                  Natho Prasad Son of Kisori Prasad Resident of Mohalla- Shiv Nagar, Road
                  No.-1, Khemnichak Sampat Chak, District- Patna, Bihar-800027.
                                                                              ... ... Petitioner/s
                                                      Versus
             1.    State of Bihar through Principal Secretary, Health Department, Bihar, Patna.
             2.   The Director-in-Chief, Health Services, Bihar, Patna.
             3.   The Divisional Commissioner, Patna Division, Patna.
             4.   The District Magistrate, Patna.
             5.   The Civil Surgeon-cum-Chief Medical Officer, Patna.
             6.   The In-charge Medical Officer, Primary Health Centre, Punpun, District-
                  Patna.
             7.    The In-Charge Medical Officer, Primary Health Centre, Bakhtiyarpur,
                   District- Patna.
                                                                    ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       Mr. Munish Kumar, Advocate
                  For the Respondent/s   :       Mr. Government Advocate 2
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER
3   21-01-2026                      Learned counsel for the petitioner and learned

                    counsel for the State are present.

                                2. Learned counsel for the petitioner submits that

                    during pendency of the writ petition, the grievance of the

                    petitioner has already been settled.               As such, he seeks

                    permission to withdraw this application.

                                3. Permission is accorded.

                                4. This writ application is dismissed as withdrawn.

                                                                (Dr. Anshuman, J)
    Mkr./-

U


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