Patna High Court
Radha Kumari @ RadhaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioner to seek appropriate remedy before the concerned authority.
Summary
Petitioner Radha Kumari filed a civil writ petition seeking a writ of mandamus against several state authorities and BELTRON. The petitioner later informed the court that she could not file a representation before the concerned authority and requested permission to withdraw the writ petition while retaining the liberty to pursue appropriate remedies before that authority. The court considered the request and, after hearing counsel, granted permission to withdraw. Consequently, the writ petition was dismissed as withdrawn, with the court expressly allowing the petitioner to approach the authority later. No substantive merits of the mandamus claim were adjudicated.
Issues considered
- What is the court's discretion to allow withdrawal of a writ petition after filing?
- Does the petitioner retain the right to approach the concerned authority after withdrawal?
Subjects
- writ petition
- mandamus
- withdrawal
- civil writ jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1665 of 2022
======================================================
Radha Kumari @ Radha D/o Devendra Kumar, Resident of Road No. -6-C,
Mahadevpuri, and P.S.-Gardanibagh, Distt.-Patna (Bihar) 800001.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Human Resource
Development Department, Government of Bihar, Patna.
2. The Principal Secretary, Information Technology Department, Government
of Bihar, Patna.
3. The Secretary, General Administration Department, Government of Bihar,
Patna.
4. The Secretary Finance Department, Government of Bihar, Patna.
5. The Accountant General, Patna, Bihar.
6. The Managing Director, BELTRON, Beltron Bhawan, Shastri Nagar, Patna,
Bihar.
7. The In-Charge (Human Resource) BELTRON, Beltron Bhawan, Shastri
Nagar, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate
For the State : Mr. Gyan Prakash Ojha (GA-7)
For the BELTRON : Mr. Girijesh Kumar, Advocate
Mr. Akash Anand, Advocate
For the AG : Mr. Arun Kumar Arun, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 05-01-2026 Learned counsel for the petitioner, learned counsel for
the State, learned counsel for the Accountant General and
learned counsel for the BELTRON are present.
2. After some argument, learned counsel for the
petitioner submits that the present writ petition has been filed
for issuance of writ of mandamus, but unfortunately,
representation could not be filed before the authority concerned
Patna High Court CWJC No.1665 of 2022(3) dt.05-01-2026
2/2
against whom the petitioner seeks relief. As such, he seeks
permission to withdraw the present writ petition with liberty to
take appropriate remedy/step before the concerned authority.
3. Permission granted.
4. Accordingly, the present writ petition stands
dismissed as withdrawn with aforesaid liberty.
(Dr. Anshuman, J)
Divyansh/-
U
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