Patna High Court
Abhay Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RITESH KUMAR
Holding
The court permitted the withdrawal of the writ petition and dismissed it as withdrawn.
Summary
The petitioner, Abhay Kumar Sinha, filed a civil writ petition in the Patna High Court challenging actions of various state education officials. He also has a pending contempt case (No. 09 of 2024) before another forum. The petitioner sought the court's permission to withdraw the writ petition so that he could pursue the alternative remedy available in the contempt proceedings. The court examined whether a writ petition could be withdrawn while another related case is pending. It granted the petitioner's request, allowing the withdrawal. Consequently, the writ petition was dismissed as withdrawn.
Issues considered
- Whether a petitioner may withdraw a civil writ petition while a related contempt case is pending before another authority
- Whether the court can grant permission to withdraw the writ petition and dismiss it
Subjects
- writ petition
- withdrawal
- contempt case
- alternative remedy
- civil writ jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3321 of 2025
======================================================
Abhay Kumar Sinha Son of Shri Laxman Prasad, Resident of Mohalla-
Chitragupta, Club Road, North of B.D.O. Office, Post Office and Police
Station- Nawada, District- Bhojpur at Ara.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Magistrate, Bhojpur at Ara.
4. The District Education Officer, Bhojpur at Ara.
5. The District Programme Officer (Establishment), Bhojpur at Ara.
6. The Block Education Engagement Unit-cum-Block Development Officer,
Sahar, Bhojpur at Ara
7. The Block Education Officer, Sahar, Bhojpur at Ara.
8. Om Prakash Rai son of Sriman Narayan Rai Resident of Perahapa, Police
Station- Sahar, District- Bhojpur at Ara.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate
For the Respondent/s : Mr. Kinkar Kumar, SC-9
: Mr. Yogesh Kumar, AC to SC-9
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 19-01-2026 Heard the parties.
2. At the outset, It has been stated by the learned
counsel for the petitioner that he has filed Contempt Case No.
09 of 2024, which is still pending for adjudication before the
appropriate authority/forum.
3. In view of the aforesaid, learned counsel for the
petitioner seeks permission to withdraw this writ petition with
liberty to pursue before the appropriate authority/forum the
Patna High Court CWJC No.3321 of 2025(2) dt.19-01-2026
2/2
alternative remedy in accordance with law.
4. Permission is accorded.
5. With the aforesaid observation, the present writ
petition stands dismissed as withdrawn.
(Ritesh Kumar, J)
AjayMishra/-
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