Patna High Court
Rajesh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to make a representation before the Superintending Electrical Engineer.
Summary
The petitioner, Rajesh Prasad, filed a writ petition challenging actions of the State of Bihar and its electricity officials. He later sought the Court's permission to withdraw the petition and instead make a representation before the Superintending Electrical Engineer, Chhapra Circle. The respondent, North Bihar Power Distribution Company Limited, raised no objection to this approach. The Court allowed the withdrawal, granting the petitioner four weeks to file the representation and directing the Engineer to consider it within eight weeks, ensuring a hearing and communication of any order. Consequently, the writ petition was disposed of as withdrawn.
Issues considered
- What procedural steps are required for a petitioner to withdraw a writ petition and seek alternative administrative redress?
Subjects
- writ petition
- withdrawal
- representation
- electricity board
- administrative law
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17594 of 2023
======================================================
Rajesh Prasad S/o Late Rajendra Prasad R/o Majhauli Road, Mairwa, P.S.-
Mairwa, Distt.- Siwan, State- Bihar- 841239.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Energy Department,
Government of Bihar, Patna.
2. North Bihar Power Distribution Company Limited (NBPDCL), through its
Managing Director, Vidyut Bhawan, Baily Road, Patna, Bihar, P.S.- Kotwali,
Distt.- Patna.
3. The Superintending Electrical Engineer, Chhapra Circle, Bihar.
4. The Executive Electrical Engineer, Siwan Division, Bihar.
5. The Assistant Electrical Engineer, Mairwa Sub-division, Distt.- Siwan,
Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Rai, Advocate.
For the Respondent/s : Mr. Abbas Haider (SC 6).
For the Electricity Board: Mr. Kunal Tiwary, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
6 22-01-2026 Learned counsel appearing on behalf of the petitioner
seeks permission to withdraw the present Writ Petition with a
leave to make a suitable representation ventilating his grievance
before the Superintending Electrical Engineer, Chhapra Circle,
Bihar i.e. Respondent No. 3 herein.
2. Learned counsel appearing on behalf of the
Respondent-North Bihar Power Distribution Company Limited
(NBPDCL) submits that he has not objection if a representation
Patna High Court CWJC No.17594 of 2023(6) dt.22-01-2026
2/2
be given to the Respondent No. 3 herein to consider the same in
accordance with law.
3. Having regard to the above, the present writ
petition is disposed of as withdrawn granting liberty to the
petitioner to make a suitable representation before the
Respondent No. 3 herein within a period of four weeks from
today. On such representation being given, the Superintending
Electrical Engineer, Chhapra Circle, Bihar i.e. Respondent No. 3
herein shall consider the same in accordance with law and pass
necessary orders. The authority shall endeavour to pass
necessary orders as expeditiously as possible preferably within a
period of 8 weeks from the date of the receipt of the
representation from the petitioner. It is needless to mention that
before passing any order the petitioner shall be given an
opportunity of hearing. Any order passed shall be
communicated to the party.
4. With the above directions, the present Writ Petition
stands disposed of as withdrawn.
(A. Abhishek Reddy, J)
shakir/-
U
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