Patna High Court

Saurabh KumarversusUnion of India

Decided: 29 April 2026
Disposal: DISMISSED
Bench: MOHIT KUMAR SHAH ARUN KUMAR JHA

Holding

A civil writ petition may be withdrawn at the petitioner's request, and the court may dismiss it as not pressed.

Summary

The petitioner, Saurabh Kumar, filed a civil writ petition before the Patna High Court challenging a tax assessment by the Union of India. During the proceedings, the petitioner’s counsel sought to withdraw the petition, and the respondents’ counsel raised no objection. The court considered whether a writ petition can be withdrawn at the petitioner's request. It held that a petition may be withdrawn if the petitioner so desires and there is no opposition. Consequently, the petition was dismissed as not pressed. No substantive merits of the tax dispute were adjudicated.

Issues considered

What is the effect of a petitioner's request to withdraw a civil writ petition when the respondents do not object?

Subjects

withdrawal of writ petition
civil writ jurisdiction
petition dismissed as not pressed
high court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.12977 of 2025
                  ======================================================
                  Saurabh Kumar S/o Devendra Kumar Varma, House No.- 49 Kapil Smriti,
                  Ashiana Digha Road, Ashiana Nagar, West of Central Revenue Colony,
                  Phulwari, Patna, Bihar - 800025.
                                                                             ... ... Petitioner/s
                                                      Versus
            1.     Union of India, through Principal Chief Commissioner of Income Tax (Bihar
                   and Jharkhand), 1st Floor, Central Revenue Building, Bir Chand Patel Path,
                   Patna- 800001.
            2.     Deputy Director of Income Tax, CPC, Post Bag No. 2, Electronic City Post
                   Office, Bengaluru-560500.
                                                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Bijay Kumar Pandey, Advocate
                  For the Respondent/s     :     Mrs. Archana Sinha, Sr. SC (Sr. Adv.)
                                                 Ms. Shilpi Keshri, Jr. SC)
                                                 Mr. Alok Kumar, Advocate
                                                 Ms. Swarna Roy, Advocate
                                                 Ms. Richa Rajiv Singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                           and
                           HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                        ORAL ORDER
                     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2    29-04-2026                      The learned counsel for the petitioner seeks to

                    withdraw the present writ petition to which learned counsel for

                    the respondents has got no objection.

                                2.       Accordingly, the present writ petition stands

                    dismissed as not pressed.


                                                     (Mohit Kumar Shah, J)


                                                        (Arun Kumar Jha, J)

kanchan/-
U

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