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Patna High Court

Awadh Kumar SahniversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

The petitioners, Ganga Koshi Navik Nao Yatayat Sahyog Samiti Ltd. and its secretary, filed a writ petition seeking a directive to the Deputy Development Commissioner‑cum‑Chief Executive Officer of Katihar Zila Parishad to settle the Bakiya Chataiya Ghat within the petitioners' operational area for a two‑year period (01‑04‑2025 to 31‑03‑2027) based on the highest bid of Rs.4,05,000 and in accordance with State Government Resolutions No.2526/1978 and No.1929/1980. The petition also sought any other reliefs deemed appropriate. The respondents, representing the State of Bihar, the Collector of Katihar, and the Deputy Development Commissioner, opposed the relief. During the hearing on 16‑04‑2026, counsel for the petitioners requested the withdrawal of the petition. The Court, noting the withdrawal request, dismissed the writ petition as withdrawn, without addressing the merits of the substantive claim.

Issues considered

  • What specific relief was sought by the petitioners regarding the settlement of Bakiya Chataiya Ghat?
  • Whether the petitioners were entitled to a mandatory settlement order based on the cited State Government resolutions and the highest bid amount.

Subjects

  • writ jurisdiction
  • public utility settlement
  • administrative law
  • withdrawal of petition
  • state government resolutions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2227 of 2025
                 ======================================================
           1.     Awadh Kumar Sahni Son of Asarfi Sahni Resident of Village and P.O.-
                  Sukhasan, P.S.- Barari, District- Katihar, elected Secretary, Ganga Koshi
                  Navik Nao Yatayat Sahyog Samiti Ltd., Barari.
           2.    Ganga Koshi Navik Nao Yatayat Sahyog Samiti Ltd., Barari, through its
                 Secretary, Awadh Kumar Sahni (Male) aged about 50 years, Son of Asarfi
                 Sahni, resident of Village and P.O.- Sukhasan, P.S.- Barari, District- Katihar.

                                                                                 ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Govt. of Bihar, Patna.
           2.    The Collector, Katihar.
           3.    The Deputy Development Commissioner-cum-Chief Executive Officer, Zila
                 Parishad, Katihar, District- Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr. Ram Nibash Prasad, Adv.
                 For the Respondent/s   :          Mr. Standing Counsel (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   16-04-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                        (i) That an appropriate writ may
                                            be issued commanding upon the Respondent
                                            No-3        the       Deputy          Development
                                            Commissioner-cum-Chief Executive Officer,
                                            Jila Parishad, Katihar to settle the ghat
                                            namely Bakiya Chataiya Ghat situated
                                            within operational area of the petitioner no.2
                                            society with the petitioner society for two
                                            years with effect from 2025-2026 to 2026-
           Patna High Court CWJC No.2227 of 2025(6) dt.16-04-2026
                                                       2/2




                                            2027 (01.04.2025 to 31.03.2027) on the
                                            basis of highest bid amount of Rs.4,05,000/-
                                            immediately without any delay in view of the
                                            decision of the state govt. in Resolution
                                            No.2526 dated-12.09.1978 (Annexure-P/10)
                                            and Resolution No.1929 dated-05.11.1980
                                            (Annexure-P/11).
                                                         (ii). That any other relief / reliefs
                                            for which the petitioners are found entitled
                                            to.
                                 3.     Learned counsel for the petitioner prays for

                     withdrawal of the petition.

                                 4. Accordingly, the writ petition is dismissed as

                     withdrawn.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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