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Patna High Court

Rajesh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to make a representation before the Superintending Electrical Engineer.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 Consequently, the writ petition was disposed of as withdrawn.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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