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Patna High Court

Prabhash KumarversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

A writ petition that has become infructuous may be withdrawn with the court’s permission, and the petition is dismissed as withdrawn.

Summary

The petitioner, Prabhash Kumar, filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and several police officials. During the proceedings, the petitioner's counsel informed the court that the petition had become infructuous and sought permission to withdraw it. The court considered whether a writ petition that has become moot can be withdrawn with its permission. Relying on the principle that a court's permission is required for the withdrawal of a pending writ petition, the judge granted the request. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether a writ petition that has become infructuous may be withdrawn with the court's permission

Subjects

  • writ petition
  • withdrawal
  • infructuous
  • civil writ jurisdiction
  • court permission

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.20356 of 2013
                    ======================================================
                    Prabhash Kumar S/O Brahmdeo Chaudhary R/O - Vill - Sahuriya West, P.O. -
                    Ghamsaina, P.S. - Saur Bazar, Via - Saharsa Kachari, Dist. - Saharsa

                                                                                  ... ... Petitioner/s
                                                       Versus
               1.   The State Of Bihar and Ors
               2.   Director General Of Police Bihar, Patna
               3.   Inspector General Of Police Budget Bihar
               4.   Chairman, Constable Selection Committee, Saharsa Range, Saharsa
               5.   Chairman, Constable Selection Committee, Gaya Range, Gaya
               6.   The Senior Superintendent Of Police , Saharsa
               7.   The Senior Superintendent Of Police, Gaya
                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :     Mr.Dharmendra Kumar Paswan
                    For the Respondent/s     :     Ms. Shweta Anand AC to GP 13
                                                   Mr. Ajit Anand, AC to GP -13
                    ======================================================
                    CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                    CHAKRAVARTHY
                                          ORAL ORDER

4    11-02-2026                    1. The Learned counsel for the petitioner

                      reported to the Court that the Writ petition has

                      become infructuous and he may be permitted to

                      withdraw the same.

                                  2. Permission, as prayed for, is granted.

                                  3. The Writ petition stands dismissed as

                      withdrawn as having become infructuous.



                                           (G. Anupama Chakravarthy, J)
sunilkumar/-
U


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