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Patna High Court

Masoom RazaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that a writ petition which becomes infructuous and is not pressed by the petitioner must be dismissed.

Summary

Masoom Raza, an advocate, filed a writ petition in the Patna High Court challenging actions of the State of Bihar, the Election Commission of India, the Chief Electoral Officer, the Department of Rural Development, and the Bihar Rural Livelihoods Promotion Society. The respondents argued that the petition had become infructuous. The petitioner subsequently indicated that he no longer wished to pursue the application. The Court, noting the withdrawal and the lack of any remaining cause of action, dismissed the writ petition. The dismissal was recorded as the petition not being pressed.

Issues considered

  • Whether a writ petition that has become infructuous should be dismissed
  • Whether the petitioner’s decision not to press the application warrants dismissal of the petition

Subjects

  • writ petition
  • infructuous
  • withdrawal of petition
  • public interest litigation
  • electoral law
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20773 of 2025
                 ======================================================
                 Masoom Raza, S/o- Shah Alarm, R/o- Village- Halim Tola, Post- Kailgarh,
                 PS- Barhriya, District- Siwan, Bihar having registration no BR-1436/2024,
                 practicing Advocate at the Patna High Court, being a citizen of India and an
                 individual dedicated to the protection of democratic norms and public
                 integrity.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Old
                 Secretariat at Patna, Bihar.
           2.    The Election Commission of India (ECI), through the Chief Election
                 Commissioner, Nirvachan Sadan, Ashoka Road, New Delhi-110001.
           3.    The Chief Electoral Officer, Bihar, 7, Sardar Patel Marg, Mangles Road,
                 Patna, Bihar.
           4.    The Department of Rural Development, through the Secretary Government
                 of Bihar, Old Secretariat at Patna, Bihar.
           5.    Bihar Rural Livelihoods Promotion Society (JEEVIKA), through its Chief
                 Executive Officer, Biscomaun Bhawan, 5th Floor, Gandhi Maidan, Patna,
                 Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Masoom Raza, Advocate (In person)
                 For the State          :      Mr. P.K. Shahi, Advocate General
                 For the ECI            :      Mr. Siddhartha Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   09-01-2026                   Learned counsel for the respondents pointed out that

                   the matter has become infructuous.

                                 2. In view of such submission, learned counsel for the

                   petitioner submits that he does not want to press this

                   application.

                                 3. Accordingly, the writ petition stands dismissed as
           Patna High Court CWJC No.20773 of 2025(2) dt.09-01-2026
                                                      2/2




                     not pressed.



                                         (Sangam Kumar Sahoo, CJ)


                                                 (Sudhir Singh, J)
P.K.P./-

U


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