Patna High Court

Raj AnandversusThe State of Bihar

Decided: 31 January 2026
Disposal: WITHDRAWN
Bench: ALOK KUMAR SINHA

Holding

The Court dismissed the writ petition as withdrawn, granting the petitioner liberty to file a fresh writ application.

Summary

The petitioner, Raj Anand, filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and its education officials. During the hearing on 31-01-2026, the petitioner’s counsel requested to withdraw the present writ application, stating it had not been properly addressed and expressing intent to file a fresh petition. The respondent’s counsel did not object to this request. The Court considered the petitioner's request and the lack of opposition. Accordingly, the Court dismissed the case as withdrawn, granting the petitioner liberty to file a new writ application. No substantive merits of the original petition were adjudicated.

Issues considered

What is the appropriate procedure for withdrawing a civil writ petition and seeking liberty to file a fresh petition?

Subjects

writ jurisdiction
withdrawal of petition
civil procedure
high court
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1449 of 2026
                  ======================================================
                  Raj Anand Son of Murlidhar Yadav Resident of Village- Gonai, P.O.- Supour
                  Jamua, P.S. Sangrampur, District- Munger.
                                                                             ... ... Petitioner
                                                     Versus
            1.     The State of Bihar through the Additional Chief Secretary, Education
                   Department, Govt. of Bihar, New Secretariat, Patna.
            2.    The Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna.
            3.    The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur.
            4.    The District Education Officer, Bhagalpur.
            5.    The District Education Officer, Banka.
            6.    The District Programme Officer (Secondary), Bhagalpur.
                                                            ... ... Respondents
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       Mr. Bipin Bihari Singh, Advocate
                  For the Respondent/s   :       Mr. Standing Counsel 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

2    31-01-2026                   Heard learned counsel for the petitioner and learned

                    counsel for the Respondent-State.

                                2. After advancing some argument, learned counsel

                    for the petitioner prays for withdrawing the present case with

                    liberty to file a fresh writ application as the petitioner feels that

                    this writ application has not been properly addressed.

                                3. Learned counsel appearing for the Respondent-

                    State does not have any objection to the aforesaid submission

                    made by learned counsel appearing for the petitioner.

                                4. As prayed for by learned counsel for the petitioner,

                    the case is dismissed as withdrawn with liberty as aforesaid.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-
U

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