Created by Fuzzy Cloud

Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Mukesh Kumar, filed a writ application seeking a compassionate appointment as Dafadar in the Masaurhi Police Station, claiming the post of his father who died while in service. He alleged that the authorities should consider his appointment on compassionate grounds. During the pendency of the writ, the relief sought was granted to him. Subsequently, the petitioner’s counsel requested permission to withdraw the application now that the relief had been obtained. The Court examined whether a petition can be withdrawn after the relief has been granted and dismissed the application as withdrawn.

Issues considered

  • The Court may withdraw a writ application after the relief sought has been granted.

Subjects

  • compassionate appointment
  • police recruitment
  • withdrawal of writ
  • civil writ jurisdiction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.29 of 2022
                  ======================================================
                  Mukesh Kumar Son of Late Rajiv Ranjan Singh Resident of Nura, P.S.-
                  Masaurhi, District- Patna, Bihar.
                                                                           ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar Through the Principal Secretary, Department of Home,
                   Government of Bihar, Patna.
            2.    The District Magistrate Patna (Bihar).
            3.    The Senior Superintendent of Police Patna (Bihar).
            4.    Additional District Magistrate Patna.
            5.    The Circle Officer Masaurhi, Patna.
            6.     Station House Officer, Masaurhi Police Station Patna (Bihar).
                                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Anuj Kumar, Advocate
                  For the Respondent/s     :      Mr. Md. N.H. Khan, SC1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER

7    20-04-2026                   1. The petitioner has filed the instant application for

                    the following relief:

                                         “I.   Commanding/Directing          the   respondent
                                         authorities to consider appointment of Mukesh
                                         Kumar (Petitioner) as Dafadar in Masaurhi P.S.
                                         Bihar Police on compassionate ground in the
                                         place of his father late Rajiv Ranjan Singh who
                                         died on 24.04.2021 while still in service.”
                                2. It is submitted by learned counsel for the petitioner

                    that relief      having been granted to the petitioner during

                    pendency of this writ application, he seeks permission to

                    withdraw this application.

                                3. In view of the above, the application is dismissed as

                    withdrawn.


Bibhash/-                                                   (Partha Sarthy, J)
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.