Patna High Court

Mukesh KumarversusThe State of Bihar

Decided: 22 January 2026
Disposal: WITHDRAWN
Bench: SUDHIR SINGH RITESH KUMAR

Holding

The Court held that a petitioner may be allowed to withdraw a pending writ application upon the Court's permission.

Summary

Mukesh Kumar filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and its officials. During the pendency of the petition, the petitioner moved an application seeking the Court's permission to withdraw the writ petition. The Court examined whether such a withdrawal could be permitted. The Court granted the petitioner's request, allowing the withdrawal. Consequently, the application was dismissed as withdrawn and the substantive writ petition was left without a decision on its merits.

Issues considered

Whether a petitioner may be permitted to withdraw a pending civil writ petition before the High Court

Subjects

withdrawal of writ petition
civil writ jurisdiction
high court procedure
petition withdrawal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.17895 of 2025
                  ======================================================
                  Mukesh Kumar Son of Umesh Prasad Yadav, Resident of Village- Murli,
                  Ward No.- 01, Rasalpur, P.O.- Rasalpur, P.S.- Banma Itahri, District- Saharsa.
                                                                              ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through the Principal Secretary, Rural Works Department,
                   Govt. of Bihar, Patna.
            2.    The Principal Secretary, Rural Works Department, Govt. of Bihar, Bihar.
            3.    The Engineer-in-Chief -cum- Additional Commissioner-cum- Special
                  Secretary, Rural Works Department, Govt. of Bihar, Patna.
            4.    The Chief Engineer- 4, Purnea, Rural Works Department, Purnea.
            5.    The Superintending Engineer, Work Circle, Saharsa, Rural Works
                  Department.
            6.    The Technical Secretary, Purnea, Rural Works Department, Purnea.
            7.    The Executive Engineer, Work Division- Simri Bakhtiyarpur, Rural Works
                  Department, District- Saharsa.
            8.     Kaushal Kumar, Son of Ramchander Yadav, Resident of Situaaha, Post and
                   Police Station- Salkhua, District- Saharsa.
                                                                       ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s      :     Mr. Sudhir Kumar Singh, Advocate
                                            :     Ms. Bandana Singh, Advocate
                  For the State             :     Ms. Sushmita Sharma, AC to SC-9
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                          and
                          HONOURABLE MR. JUSTICE RITESH KUMAR
                                        ORAL ORDER
                  (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2    22-01-2026                          Ms. Bandana Singh, learned counsel for the

                    petitioner seeks permission to withdraw this application.

                                  2. Permission is accorded.

                                  3. Accordingly, this application stands dismissed as

                    withdrawn.

                                                (Sudhir Singh, J)


                                                ( Ritesh Kumar, J)
Ajay/Rajesh/-
U

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