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Patna High Court

M/s Suryodaya Industries Pvt. Ltd.versusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

A writ petition may be withdrawn by the petitioner with the Court’s permission, and upon such permission the petition is dismissed as withdrawn.

Summary

The petitioner, M/s Suryodaya Industries Pvt. Ltd., filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and BIADA. During the hearing, the petitioner’s counsel sought the Court’s permission to withdraw the writ petition. The Court considered whether it could allow the withdrawal without prejudice to the parties. Relying on its inherent jurisdiction to manage its own proceedings, the Court held that a petitioner may withdraw a petition if the Court is satisfied that no injustice will result. Accordingly, the Court granted permission to withdraw. The writ petition was consequently dismissed as withdrawn.

Issues considered

  • Whether a petitioner may be permitted by the Court to withdraw a civil writ petition pending before it

Subjects

  • writ petition
  • withdrawal
  • civil procedure
  • court discretion

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.21040 of 2025
                 ======================================================
                 M/s Suryodaya Industries Pvt. Ltd. Fatuha, Patna Cluster, District- Patna,
                 through its Director Rajesh Agarwal, aged about 56 years, resident of C/o-
                 Late Omprakash Rasiwasia, A 503 Sai Kusum Infinity, Kankarbagh, Near
                 Bahadurpur Gumti, Main road, Kankarbagh, District- Patna, Bihar, Pin-
                 800020.


                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Industries, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
           2.    The Bihar Industrial Area Development Authority, through its Managing
                 Director, Udyog Bhawan, 1st Floor, East of Gandhi Maidan, P.S.- Gandhi
                 Maidan, District - Patna.
           3.    Managing Director, BIADA, Udyog Bhawan, 1st Floor, East of Gandhi
                 Maidan, P.S.- Gandhi Maidan, District - Patna.
           4.    The Executive Director, South, BIADA, 1st Floor, East of Gandhi Maidan,
                 P.S.- Gandhi Maidan, District - Patna.
           5.    The Dy. General Manager, BIADA, Patna Cluster, District - Patna.
           6.    The Area In-charge, Fatuha, BIADA, District- Patna.


                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Abhishek Kumar Srivastava, Adv.
                 For the Respondent/s   :      Mr.Government Pleader (04)
                                               Mr. Sanjay Parasmani, AC to GP 4
                 For the BIADA                 Mr. Ayush Kumar, Adv.
                                               Mr. Kanishka Shankar, Adv.
                                               Mr. Sanjeev Kr., Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   18-02-2026                 Learned counsel for the petitioner seeks permission to

                   withdraw the present writ petition.

                               2. Permission is granted.
             Patna High Court CWJC No.21040 of 2025(2) dt.18-02-2026
                                                        2/2




                                   2. Accordingly, the present writ petition is dismissed

                       as withdrawn.



                                                           (A. Abhishek Reddy , J)
Bhardwaj/-

U


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