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Patna High Court

M/s Shivam Coke Private LimitedversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the interlocutory application and dismissed the writ petition as withdrawn.

Summary

M/s Shivam Coke Private Limited filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and its mining officials. The petitioner later moved an interlocutory application seeking leave to withdraw the petition. The State and the Mines Department, represented by their counsel, did not oppose the withdrawal. The Court examined the application and, finding no objection, allowed the withdrawal. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether a civil writ petition may be withdrawn by the petitioner after filing
  • Whether the High Court can entertain an interlocutory application for withdrawal without hearing the respondents

Subjects

  • withdrawal of writ petition
  • interlocutory application
  • civil writ jurisdiction
  • Patna High Court
  • mines department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.14803 of 2024
                  ======================================================
                  M/s Shivam Coke Private Limited a registered company having its registered
                  office at Bunglow number 6, Chanchani Colony, Near Hirak Point, Nagnagar,
                  Dhaiya, Dhanbad, Jharkhand-826004 through its authorized representative
                  Aditya Kumar Singh male aged about 25 years son of Tapeshwar Singh
                  resident of Village- Samarayan, Post- Saraiya, Thana- Dariyapur, Saraia,
                  District- Saran, Bihar- 841101.

                                                                                ... ... Petitioner/s
                                                 Versus
            1.    The State of Bihar through The Additional Chief Secretary cum Mines
                  Commissioner, Department of Mines and Geology, Govt. of Bihar, Patna.
            2.    The Additional Chief Secretary cum Mines Commissioner, Department of
                  Mines and Geology Government of Bihar, Patna.
            3.    The Director, Department of Mines and Geology, Govt. of Bihar, Patna.
            4.    The District Magistrate cum Collector, Rohtas, Sasaram.
            5.    The Mines Development Officer, Rohtas, Sasaram,
            6.    The District Mining Officer, Rohtas, Sasaram.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :        Mr. Gautam Kumar Kejriwal
                  For the Respondent/s   :        Mr. Government Pleader (2)
                  For the Mines          :        Mr. Naresh Dikshit, Spl. PP
                                                  Ms. Shruti Singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

11   24-02-2026                    This case has been listed under the heading “For

                    Orders (On Petition)” since an Interlocutory Application has

                    been filed by the petitioner for withdrawal of this case.

                                   2.        Heard the learned counsel for the petitioner,

                    the learned counsel for the State and the learned Spl. P.P. for the

                    Mines Department.

                                   3.        The present I.A. 01 of 2026 has been filed

                    seeking leave to withdraw the present C.W.J.C. No. 14803 of
            Patna High Court CWJC No.14803 of 2024(11) dt.24-02-2026
                                                       2/2




                      2024.

                                      4.      The learned counsel for the State and the

                      learned Spl. P.P. for the Mines Department have no objection to

                      the aforesaid prayer for withdrawal made on behalf of the

                      petitioner.

                                      5.      For the reasons mentioned in the instant

                      Interlocutory Application, I.A. No. 01 of 2026, the same is

                      allowed.

                                      6.      Accordingly, the present writ petition is

                      dismissed as withdrawn.



                                                             (Sandeep Kumar, J)
Shishir/-

U


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