Patna High Court
M/s Dhirendra Construction Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted permission to withdraw the writ petition while allowing the petitioner liberty to challenge any adverse order.
Summary
M/s Dhirendra Construction Private Limited filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and its Road Construction Department. The petitioner later sought the Court's permission to withdraw the writ application, requesting liberty to contest any adverse order that might be passed thereafter. The learned senior counsel for the petitioner argued that withdrawal was permissible under procedural law. The Court examined whether a party may be allowed to withdraw a pending writ petition while retaining the right to challenge any subsequent adverse order. The Court held that such permission could be granted, subject to the liberty to approach the Court later if needed. Accordingly, the writ application was disposed of as withdrawn with liberty to challenge any adverse order.
Issues considered
- Whether a petitioner may be permitted to withdraw a pending writ petition.
- Whether the Court can grant liberty to the petitioner to challenge any adverse order thereafter.
Subjects
- writ petition
- withdrawal
- civil writ jurisdiction
- liberty to challenge
- road construction department
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17055 of 2025
======================================================
M/s Dhirendra Construction Private Limited 318, Sri Krishna Nagar,
Motihari, 845401 through its Director, Rajeev Kumar, Male, aged about 39
years, Son of Yamuna Singh, Resident of village- Barmadiya, P.S- Chakia,
District- East Champaran at Motihari, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Road
Construction Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Road Construction Department,
Government of Bihar, Patna.
3. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special
Secretary, Road Construction Department, Bihar, Patna.
4. The Chief Engineer (North), Road Construction Department, Bihar, Patna.
5. The Executive Engineer, Road Construction Department, Road Division,
Dhaka, East Champaran at Motihari.
6. Rishi Builders (India) Pvt. Ltd., Registered office Sri Krishna Nagar,
Motihari-845401, Administrative Office House No.- 45, Anandpuri West
Boring Canal Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lalit Kishore, Sr. Advocate
: Dr.Ranjeet Kumar, Advocate
: Mr.Ayush Kumar, Advocate
: Mr. Kanishk Shankar, Advocate
: Mr. Kanishk Kaustabh, Advocate
: Mr. Rajnish Prakash, Advocate
: Mr. Lakshmi Kumari, Advocate
For the Respondent/s : Mr.Amish Kumar, A.C. to A.G.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 09-02-2026 Heard Mr. Lalit Kishore, learned senior counsel
appearing for the petitioner and Mr. Amish Kumar, learned A.C.
to A.G. for the State.
2. After some arguments, learned senior counsel for
Patna High Court CWJC No.17055 of 2025(4) dt.09-02-2026
2/2
the petitioner seeks permission to withdraw the present writ
application with liberty to challenge any adverse order, if
passed, on the basis of the proposal made by the Technical
Evaluation Committee.
3. Permission, as prayed for, is granted.
4. Accordingly, the present writ application stands
disposed of as withdrawn with the aforesaid liberty.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Nitesh/-
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