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Patna High Court

Dilip Kumar,versusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that a writ petition may be withdrawn with its permission and dismissed as infructuous.

Summary

Dilip Kumar filed a civil writ petition (CWJC No.2294 of 2022) in the Patna High Court against the State of Bihar and several officials, seeking relief. The petitioner later approached the court requesting permission to withdraw the petition, stating that the matter had become infructuous. The State was represented by the Additional Advocate General. The court considered whether it could permit the withdrawal of a writ petition and dismiss it as infructuous. After hearing both sides, the court granted the petitioner's request, allowing the withdrawal. Consequently, the writ petition was dismissed as having become infructuous.

Issues considered

  • Whether a writ petition may be withdrawn by the petitioner and dismissed as infructuous with the court's permission

Subjects

  • writ petition
  • withdrawal
  • infructuous
  • civil procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2294 of 2022
                 ======================================================
                 Dilip Kumar, S/o Sri Jagdish Poddar, resident of Village-Ward No. 2,
                 Jalkoura, Jal Kaura, P.S.-Kalibaari Khagaria, District-Khagaria.

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Rural Development
                 Department, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Rural Development Department, Government of
                 Bihar, Patna.
           3.    The Chief Secretary, Rural Development Department, Bihar, Patna.
           4.    The Secretary, Rural Development Department, Bihar, Patna.
           5.    The Commissioner, Munger Division, Govt. of Bihar, Munger.
           6.    The Deputy Commissioner, Munger Division, Govt. of Bihar, Munger.
           7.    The District Magistrate cum Collector, Govt. of Bihar, Khagaria.
           8.    The Senior Deputy Collector, Khagaria.
           9.    The Deputy Development Commissioner, Khagaria.
           10. The Block Development Officer, Khagaria.
           11. The Circle Officer, Govt. of Bihar, Gogri, Khagaria.

                                                                          ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Abhimanyu Deo, Advocate
                                                Mr. Amit Kumar Maharaj, Advocate
                 For the State          :       Mr. Anjani Kumar (AAG-4)
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                    ORAL ORDER

3   06-01-2026                   Learned counsel for the petitioner and learned counsel

                   for the State are present.

                                 2. Learned counsel for the petitioner seeks permission

                   to withdraw this writ petition as the matter has become

                   infructuous.
             Patna High Court CWJC No.2294 of 2022(3) dt.06-01-2026
                                                         2/2




                                   3. Permission is granted.

                                   4. As such, the present writ petition is hereby

                       dismissed as having become infructuous.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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