Patna High Court
Sangita TiwariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The Court dismissed the writ petition as withdrawn, without adjudicating the merits.
Summary
Sangita Tiwari filed a civil writ petition (CWJC No.1484 of 2024) in the Patna High Court against the State of Bihar and several officials, seeking relief presumably related to compensation. During the hearing on 1 May 2026, counsel for the petitioner requested to withdraw the writ application, stating an intention to approach the appropriate authority for compensation instead. The Court entertained the withdrawal request and dismissed the petition as withdrawn, granting liberty to the petitioner to file a separate compensation claim. The judgment explicitly noted that the Court made no observations on the merits of the underlying dispute. It further clarified that any future compensation claim would be decided on its own merits, independent of the withdrawn writ.
Issues considered
- What is the appropriate procedure for a petitioner to withdraw a civil writ petition?
- Whether the Court can dismiss a writ petition without addressing its merits upon withdrawal.
Subjects
- civil writ jurisdiction
- withdrawal of petition
- compensation claim
- procedural law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1484 of 2024
======================================================
Sangita Tiwari W/o Sri Arun Kumar Tiwari, Resident of Mohalla
Yaduvanshinagar, P.O. - Digha Ghat, P.S.- Digha, Patna- 800011.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Dept. of Revenue
and Land Reforms, Govt. of Bihar, Patna.
2. The Collector Patna Sadar, Patna.
3. The Collector, Saran at Chapra.
4. The Circle Officer, Patna Sadar, Patna.
5. The Circle Officer, Sonepur, Chapra.
6. The Senior Superintendent of Police, Patna.
7. The S.H.O., Digha, Patna.
8. Rita Devi, W/o Late Surendra Kumar Rai Resident of village- Makhdumpur
Gate no.- 88, P.S.- Digha, Patna.
9. Diwali Rai @ Dolly Rai, S/O Late Ram Vikas Rai, Resident of village-
Makhdumpur Gate no.- 88, P.S.- Digha, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Tiwari, Advocate
For the Respondent/s : Mr. Jai Prabhat Kishore, A.C. to S.C.-13.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
9 01-05-2026 Heard learned counsel for the petitioner, learned
counsel for respondent No.8 and learned counsel for the
respondent-State.
2. After advancing some argument, learned counsel
for the petitioner prays for withdrawing the present writ
application with liberty to move appropriate authority for
seeking compensation from the State.
3. As prayed for, case is dismissed as withdrawn with
Patna High Court CWJC No.1484 of 2024(9) dt.01-05-2026
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liberty as aforesaid.
4. It is made clear that this Court has not made any
observation on the merits of the matter and if any case for
seeking compensation is filed by the petitioner, the same shall
be decided on the basis of its own merit.
(Alok Kumar Sinha, J)
sanjeev/-
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