Patna High Court

Md. Sohail @ Md. SuhailversusThe State of Bihar

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: ANIL KUMAR SINHA

Holding

The court granted permission to withdraw the writ application and gave liberty to file a separate application before the Patna Municipal Corporation.

Summary

The petitioner, Md. Sohail, filed a civil writ application challenging actions of the State of Bihar and other respondents. During the hearing, the petitioner sought permission to withdraw the writ and instead pursue a separate application before the Patna Municipal Corporation alleging violations of building by-laws by private respondent No.5. The court considered whether a petitioner may be allowed to withdraw a pending writ and be granted liberty to file a new application in a different forum. The learned counsel for the petitioner argued that the issues were distinct and better addressed by the municipal authority. The court granted the petitioner's request, allowing the withdrawal of the writ and permitting the filing of the municipal application. Consequently, the writ application was disposed of with liberty to proceed in the alternative forum.

Issues considered

Whether the petitioner may be permitted to withdraw a pending civil writ application
Whether the court can grant liberty to the petitioner to file a separate application before the Patna Municipal Corporation regarding alleged building by-law violations

Subjects

withdrawal of writ
civil writ jurisdiction
building by-laws
municipal corporation
liberty to file alternative application

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20594 of 2025
                 ======================================================
                 Md. Sohail @ Md. Suhail Son of Abdul Ahad, Resident of Bans Kothi Digha,
                 P.S. Digha, District- Patna, Bihar- 800011.
                                                                           ... ... Petitioner/s
                                                      Versus
            1.    The State of Bihar through the Principal Secretary, Department of Home,
                  Government of Bihar, Patna.
            2.   The Senior Superintendent of Police, Patna.
            3.   The Officer-In-Charge, Digha Police Station, Patna.
            4.   The Patna Municipal Corporation, through its Commissioner, Patna.
            5.    Md. Khurshid Alam @ Kranti, Son of not known, Resident of New Colony,
                  Digha, P.S. Digha, Patna.
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Md. Irshad, Adv.
                 For the Respondent/s   :       Mr. Sarvesh Kumar Singh, Aag13
                 For the PMC            :       Mr. Prasoon Sinha, Sr. Adv.
                                        :       Mr. Prabhat Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
2   09-01-2026                 After some arguments, learned counsel for the

                   petitioner seeks permission to withdraw the present writ

                   application with liberty to file an application before the Patna

                   Municipal Corporation alleging violation of building by-laws by

                   private respondent no. 5.

                               Permission is granted.

                               Accordingly, the present writ application is disposed

                   with the aforesaid liberty.


                                            (Anil Kumar Sinha, J)
HarshPandey/-
U

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