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Patna High Court

Suraj Prasad VishwakarmaversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Suraj Prasad Vishwakarma, filed a civil writ application seeking a writ directing the State of Bihar and its officials to consider his promotion to Deputy Secretary (S.T. Category) effective from 05-10-1996, along with related benefits. The petitioner’s counsel subsequently requested permission to withdraw the application. The Court examined the request and found no impediment to allowing the withdrawal. Consequently, the Court dismissed the application as withdrawn. No substantive merits on the promotion claim were adjudicated.

Issues considered

  • What is the appropriate procedure for withdrawing a civil writ application?
  • Whether the Court can dismiss the application upon withdrawal by the petitioner

Subjects

  • promotion
  • civil writ jurisdiction
  • withdrawal of application
  • administrative law
  • court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1722 of 2017
                 ======================================================
                 Suraj Prasad Vishwakarma S/o Late Dularchand Vishwakarma, Resident of
                 village - Pareo, P.S. Bihta, District - Patna, at present residing at Mohalla -
                 New Patliputra Colony, P.S. Patliputra, District - Patna - 13

                                                                                   ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    The Accountant General, Govt. of Bihar, Patna
           3.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           4.    The Additional Secretary, General Administration Department, Government
                 of Bihar, Patna
           5.    The Principal Secretary, Finance Department, Government of Bihar, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :          Mr. Siya Ram Shahi, Advocate
                                                    Ms. Shally Kumari, Advocate
                 For the Respondent/s    :          Md. Nashrul Hoda Khan-SC1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   05-01-2026                   The petitioner has filed the instant application for the

                   following relief(s):

                                             “(i) For issuance of an appropriate writ
                                commanding the respondents to consider the case of the
                                petitioner for promotion to the post of Deputy Secretary
                                under S.T. Category w.e.f. 05.10.1996 with all
                                consequential benefits including the revision of post
                                retiral benefits.
                                             (ii) For any other relief/reliefs for which the
                                petitioner is entitled under law and as well as facts.”
                                 2. Learned counsel appearing for the petitioner seeks
            Patna High Court CWJC No.1722 of 2017(5) dt.05-01-2026
                                                        2/2




                      permission to withdraw this application.

                                  3. In view of the above, the application is dismissed as

                      withdrawn.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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