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Patna High Court

M/s Welcome PharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as infructuous upon the petitioner's request for withdrawal.

Summary

M/s Welcome Pharma filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and its drug authorities. The petitioner, through counsel, later contended that the cause of action no longer existed and sought to withdraw the petition. The court considered the request for withdrawal and the procedural propriety of dismissing a petition that had become infructuous. It granted permission to withdraw the writ petition. Consequently, the petition was dismissed as infructuous, bringing the proceedings to an end.

Issues considered

  • Whether a civil writ petition may be withdrawn and dismissed as infructuous upon the petitioner's request?

Subjects

  • writ petition
  • withdrawal
  • infructuous
  • civil writ jurisdiction
  • dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.18093 of 2025
                  ======================================================
                  M/s Welcome Pharma represented by Abhimanyu Kumar, (Male) aged about
                  47 years old, S/o- Ramaudeshya Prasad, resident of Nagaroad, Kali Nagari
                  Raxaul, P.S. Raxaul, District- East Champaran, Premise situated at ground
                  floor, Krishna Sadan, main road, Raxaul, District- East Champaran.

                                                                          ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar through the Principal Secretary, Health Department,
                  Government of Bihar, New Secretariat, Patna.
            2.    The State Drug Controller-Cum-Chief Licensing Authority, New Secretariat,
                  Bihar, Patna.
            3.    The Assistant Drug Controller, Drug Control Administration East
                  Champaran, Motihari.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       Mr.Ram Shankar Das
                  For the Respondent/s   :       Mr.Advocate General
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                        ORAL ORDER

2    08-01-2026                 1. Learned counsel for the petitioner submits that the

                    cause in the present writ petition does not survive and the matter

                    has become infructuous. Learned counsel therefore, seeks

                    permission to withdraw the present writ petition.

                                2. Permission is granted.

                                3. Accordingly, the present writ petition is dismissed

                    as become infructuous.



                                             (A. Abhishek Reddy, J)
Ayush/-

U


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