Patna High Court
Sanju DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application was dismissed as withdrawn.
Summary
Sanju Devi, the widow of a deceased government employee, filed a writ petition in the Patna High Court seeking mandamus to recall an office notification that re‑allotted her late husband’s residential quarter to another person, to stay an order directing her to vacate the quarter, and to protect her from disturbance until her claim is decided. She alleged that the authorities had not considered her circumstances. The petition also sought any other reliefs she might be entitled to. Counsel for the petitioner later sought permission to withdraw the application. The Court, after considering the request, dismissed the application as withdrawn. No substantive merits of the writ were examined.
Issues considered
- Whether the writ application seeking mandamus for recall of the notification and stay of vacate order can be entertained.
- Whether the petitioner’s request to withdraw the application can be allowed.
Subjects
- writ petition
- mandamus
- government housing
- withdrawal of application
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13242 of 2017
======================================================
Sanju Devi W/o Baldev Yadav, R/o Quarter No. 44/84, New C.I.D. Collony,
Lal Bahadur Shastri Nagar, Patna, P.S.- Shastri Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Building Construction
Department, Govt. of Bihar, Patna.
2. The Chief Engineer, Building Construction Department, Govt. of Bihar,
Patna.
3. The Bhu-Sampada Padadhikari, Building Construction Department, Govt. of
Bihar, Patna.
4. The Executive Engineer, West Patna, Bhawan Pramandal, Danapur, Patna.
5. The Asst. Engineer Awar Pramandal No.-1, Shastri Nagar, Patna.
6. The Junior Engineer, Sheikhpura Bhawan Prashakha-1/2 Shastri Nagar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Jha, Advocate
For the Respondent/s : Mr. Swapnil Kumar Singh, AC to GP-19
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 13-02-2026 The petitioner has filed the instant application for the
following relief(s):
“i. For issuance of an appropriate writ
order or direction in nature of ‘Mandamus’ directing
and commanding the concern Respondents to recall
the Office Notification No.2602(mu.) dated 9.6.2005
by which the allotted Quarter of the husband of the
petitioner bearing Quarter No.44/84, New C.I.D
Colony Shastri Nagar, Patna has been allotted to the
other one without considering the facts and
circumstances the position of the petitioner.
ii. For further issuance of an appropriate
writ and order or direction in the nature of
Patna High Court CWJC No.13242 of 2017(4) dt.13-02-2026
2/2
‘Mandamus’ directing and commanding the concern
respondent to stay the order of vacate the above said
allotted quarter till the comply of the Hon’ble Court
order Dated 21.12.2015 of C.W.J.C. No.10263/2015.
iii. For issuance of an appropriate writ and
order or direction in the nature of ‘Mandamus’
directing and commanding the concern respondents
not to disturb the helpless wife of lost employee of
Govt. of Bihar, till the disposal of the claim of
petitioner.
iv. For issuance of any other relief or reliefs
to which the petitioner found entitled to.”
2. Learned counsel for the petitioner seeks permission
to withdraw this application.
3. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
Saurabh/-
U
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