Patna High Court
Health Line, PatnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that a writ petition may be withdrawn by the petitioner and, where the relief sought has become moot due to expiry of the contractual period, the petition is infructuous and may be disposed of.
Summary
The petitioners – Health Line, Late Kanhai Shukla Samajik Seva Sansthan and Gyan Bharti Shiksha and Prashikshan Sansthan – filed a writ petition before the Patna High Court challenging actions of the State of Bihar and health officials. During the proceedings, the counsel for petitioner No.1 sought permission to withdraw the petition because it had entered a re‑tendering process. The Court granted the withdrawal, dismissing that part of the petition as withdrawn. The petitioners further submitted that for petitioners No.2 and No.3 the contractual period had expired on 31‑05‑2026, rendering the relief sought moot. The Court accepted this submission and disposed of the remaining petition as infructuous. Consequently, the entire writ petition was dismissed as withdrawn and declared infructuous, with any pending interlocutory applications also disposed of.
Issues considered
- Whether a petitioner may withdraw a writ petition after filing
- Whether a writ petition becomes infructuous when the relief sought has become moot due to expiry of the contractual period
Subjects
- writ petition
- withdrawal
- infructuous
- civil writ jurisdiction
- High Court
- contractual period expiry
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15449 of 2025
======================================================
1. Health Line, Patna having its office at 502 Gagan Apartment, Exhibition
Road, Patna- 800001 through its Secretary namely Awadhesh Kumar (Male)
aged about 53 years, Son of Ram Bachan Singh, resident of 144, East
Yogipur, Shiv Mandir, Kankarbagh, Patna, Bihar.
2. Late Kanhai Shukla Samajik Seva Sansthan, Hajipur, having its registered
office at Hospital Road, Hajipur, Vaishali, Bihar- 844101 through its
Secretary namely Sudhir Kumar Shukla (Male) aged about 52 years, Son of
Kanhai Prasad Shukla, resident of Hospital Road, Hajipur, Vaishali, Bihar-
844101.
3. Gyan Bharti Shiksha and Prashikshan Sansthan, having its office at 1st
Floor, Jagdish Lok Apartment, West Boring Canal Road, Patna- 800001
through its Chairman namely Ashok Kumar Singh (Male) aged about 55
years, Son of Chandrama Singh, resident of Flat No.- 201, Pratap Palace
Apartment, Krishi Nagar, A.G. Colony, Ward No.-05, Near Krishi Nagar
Shiv Mandir, Phulwari, Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The District Magistrate cum Chairman, District Health Society, Vaishali.
3. The Civil Surgeon-cum-Member Secretary, District Health Society, Vaishali,
Hajipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate.
' Mr.Sourav Suman, Advocate
Ms. Pragati Patra, Advocate
Mr. Pranav Raj, Advocate.
For the Respondent/s : Mr.Md. Nadim Seraj, GP-5
Mr. Dhurendra Kumar, AC to GP_5
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
7 08-07-2026 Learned counsel for the petitioners seeks permission
to withdraw the writ petition insofar as petitioner no. 1 is
concerned, as petitioner no. 1 has participated in re-tender
Patna High Court CWJC No.15449 of 2025(7) dt.08-07-2026
2/2
process.
2. Permission is accorded.
3. Consequently, the writ petition, insofar as it relates
to petitioner no. 1, stands dismissed as withdrawn.
4. Learned counsel for the petitioners further submits
that, so far as petitioner nos. 2 and 3 are concerned, the
contractual period had already expired on 31.05.2026 and,
therefore, the relief claimed in writ petition on their behalf has
become infructuous.
5. In view of the aforesaid submission, the present
writ petition, insofar as petitioner nos. 2 and 3 are concerned, is
disposed of as having become infructuous.
6. Accordingly, the present writ petition stands
disposed of as having become infructuous.
7. Pending interlocutory application(s), if any, shall
also stand disposed of.
(Sudhir Singh, J)
(Ranjan Kumar Jha, J)
veena/sujit
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.