Patna High Court

Ram Lakhan DasversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISMISSED
Bench: AJIT KUMAR

Holding

The Court held that the writ petition may be withdrawn and dismissed as infructuous.

Summary

Ram Lakhan Das filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and several officials. While the petition was pending, a new cause of action arose, and the petitioner's counsel sought the Court's permission to withdraw the existing petition and pursue a fresh one. The Court considered the request and allowed the withdrawal. Consequently, the original writ petition was dismissed as infructuous. No substantive merits of the original claims were addressed.

Issues considered

Whether a civil writ petition pending before the High Court can be withdrawn by the petitioner and dismissed as infructuous.

Subjects

writ petition
withdrawal
infructuous
civil writ jurisdiction
Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13626 of 2019
                 ======================================================
                 Ram Lakhan Das S/o Late Yadu Das Resident of Village- Raghunathpur, P.O.-
                 Silaut, P.S.- Mushahari, District- Muzaffarpur.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Human Resources
                 Development Department, Govt. of Bihar, Patna.
           2.    The Director, Primary Education, Bihar, Patna.
           3.    The Regional Deputy Director of Education, Muzaffarpur.
           4.    The District Magistrate, Muzaffarpur.
           5.    The Assistant Engineer, Bihar Education Project, Muzaffarpur.
           6.    The Additional Collector, Muzaffarpur.
           7.    The Sub Divisional Officer, East Muzaffarpur.
           8.    The District Education Officer, Muzaffarpur.
           9.    The District Programme Officer (Establishment), Muzaffarpur.
           10. The District Programme Officer, Prarambhik Shiksha and Sarva Siksha
               Abhiyan, Bihar, Education Project, Muzaffarpur.
           11. The Block Education Officer, Musahari, Muzaffarpur.
           12. Kundan Kumar S/o Sundar Kumar Sinha Resident of Village- Raghunathpur,
               P.O.- Silaut, P.S.- Mushahari, District- Muzaffarpur.
           13. Shankar Kumar S/o Late Sri Narayan Prasad Singh Resident of Village-
               Raghunathpur, P.O.- Silaut, P.S.- Mushahari, District- Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Pawan Kumar Singh, Adv.
                 For the Respondent/s   :     Mr.Kameshwar Kumar (Gp17)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   23-02-2026                 Counsel for the petitioner seeks permission of this

                   Court to withdraw the instant writ petition, sating that during

                   pendency of this writ petition, fresh cause of action has arisen

                   and he proposes to challenge the same by filing separate writ

                   petition.
          Patna High Court CWJC No.13626 of 2019(4) dt.23-02-2026
                                                     2/2




                                2. Prayer is accorded.

                                3. The writ petition is dismissed as having become

                    infructuous.




                                                                    (Ajit Kumar, J)
rishi/-

U

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