Patna High Court

NKSP Infra Private Ltd.versusThe State of Bihar

Decided: 29 April 2026
Disposal: WITHDRAWN
Bench: A ABHISHEK REDDY

Holding

The Court granted permission to withdraw the writ petition and allowed the petitioner liberty to file a fresh case.

Summary

NKSP Infra Private Ltd., through its power of attorney, filed a civil writ petition before the Patna High Court. The petitioner sought the Court's permission to withdraw the writ petition and, if necessary, file a fresh case to fully redress its grievance. The Court considered whether such withdrawal with liberty to re‑file is permissible. It held that the petitioner may be allowed to withdraw the petition and be given liberty to file a fresh case. Accordingly, the writ petition was dismissed as withdrawn, with liberty to file a fresh suit.

Issues considered

Whether a petitioner may be permitted to withdraw a civil writ petition and be granted liberty to file a fresh case.

Subjects

writ petition
withdrawal
civil procedure
fresh suit
court permission

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1634 of 2023
                 ======================================================
                 NKSP Infra Private Ltd. (Adarsh Nirman Construction merged with the
                 Petitioner company) a registered company having its registered office at
                 Chaturbhuj Piprahi, Ward No.-10, Via - Laukaha, District- Madhubani-
                 847421, Bihar through its power of attorney holder namely Gyan Chandra
                 Kumar male aged about 46 years son of Shri Nandeshwar Mahatman resident
                 of Ward No.- 10, Chatturbhuj Piprahi, District- Madhubani- 847421.

                                                                           ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Secretary, Department of Rural Works,
                 Government of Bihar, Patna.
           2.    The Secretary, Department of Rural Works, Government of Bihar, Patna.
           3.    The Engineer in Chief, Department of Rural Works, Government of Bihar,
                 Patna.
           4.    The Chief Engineer -3, Department of Rural Works, Government of Bihar,
                 Patna.
           5.    The Superintending Engineer, Department of Rural Works, Works Circle,
                 Darbhanga.
           6.    The Executive Engineer, Department of Rural Works, Works Division,
                 Benipur, Darbhanga.
           7.    The Divisional Accounts Officer, Department of Rural Works, Works
                 Division, Benipur, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Gautam Kumar Kejriwal, Advocate.
                 For the Respondent/s   :      Ms. Archana Meenakshee (GP 6)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

3   29-04-2026                   Learned counsel appearing on behalf of the petitioner

                   seeks permission to withdraw the present Writ Petition with a

                   leave to file a fresh case, in case, the grievance of the petitioner

                   is not fully redressed.

                                 2. Permission is granted.
           Patna High Court CWJC No.1634 of 2023(3) dt.29-04-2026
                                                       2/2




                                 3. Accordingly, the present Writ Petition stands

                     dismissed as withdrawn with the aforesaid liberty.



                                                         (A. Abhishek Reddy, J)
shakir/-

U

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