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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Jitendra Kumar, filed a civil writ petition before the Patna High Court. During the pendency of that petition, a subsequent development occurred, prompting the petitioner to file another writ petition (CWJC No.16988 of 2024). The petitioner then moved the court to withdraw the original writ petition, arguing that it had become infructuous. The court, after hearing counsel for the petitioner, the State, and the Bihar Technical Staff Selection Commission, granted permission to withdraw the petition. Consequently, the original writ application was dismissed as withdrawn.

Issues considered

  • Whether the petitioner is entitled to withdraw the pending writ petition on the ground that it has become infructuous.

Subjects

  • writ petition
  • withdrawal
  • infructuous
  • Civil Procedure Code
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3673 of 2022
                 ======================================================
                 Jitendra Kumar Son of Sri Chandrama Singh, Resident of Village - Tendula,
                 Post Office - Siaruan, Police Station- Sanjhauli, District - Rohtas.

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Chief Secretary, Bihar.
           2.    The Bihar Technical Staff Selection Commission, 19 Harding Road, Patna
                 through its Chairman.
           3.    The Chairman, Bihar Technical Staff Selection Commission, 19 Harding
                 Road, Patna.
           4.    The Principal Secretary, General Administrative Department, Government of
                 Bihar, Patna.
           5.    The Principal Secretary, Water Resources Department, Government of Bihar,
                 Patna.
           6.    The Principal Secretary, Minor Irrigation Department, Government of Bihar,
                 Patna.
           7.    The Principal Secretary, Urban Development Department, Government of
                 Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanjeet Kumar, Advocate
                 For the State          :      Mr. Kunal Tiwary, AC to GA-2
                 For the BTSC           :      Mr. Nikesh Kumar, Advocate
                                               Mr. Bijay Shankar Choubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   28-01-2026                   Learned counsel for the petitioner, learned counsel for

                   the B.T.S.C. and learned counsel for the State are present.

                                 2. Learned counsel for the petitioner submits that

                   during pendency of the writ petition subsequent development

                   took place and due to the said development, he has to file

                   another writ petition bearing CWJC No.16988 of 2024. Hence,

                   this writ petition has become infructuous. As such, he seeks
         Patna High Court CWJC No.3673 of 2022(4) dt.28-01-2026
                                                     2/2




                   permission to withdraw this application.

                               3. Permission is accorded.

                               4. Accordingly, the instant writ application is

                   dismissed as withdrawn.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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