Patna High Court

Md. YahiyaversusThe State of Bihar

Decided: 24 March 2026
Disposal: WITHDRAWN
Bench: RITESH KUMAR

Holding

The writ petition is dismissed as withdrawn.

Summary

The petitioners, Md. Yahiya and Kamal Rajak, filed a civil writ petition against the State of Bihar and related officials seeking compensation. During the hearing, the petitioners' counsel requested permission to withdraw the writ petition while reserving the right to pursue compensation separately. The court considered whether such withdrawal could be permitted. It granted the petitioners' request, allowing the withdrawal of the writ petition. Consequently, the writ petition was dismissed as withdrawn, leaving the compensation claim to be pursued through other appropriate legal avenues.

Issues considered

Whether the court may grant permission to withdraw a civil writ petition while allowing the petitioner to seek compensation separately

Subjects

withdrawal of writ petition
civil writ jurisdiction
compensation claim
state liability

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No. 4247 of 2026
                    ======================================================
               1.    Md. Yahiya Son of Late Md. Shekh Mohammad Umar, Resident of Village
                     and P.S. Mohiuddin Nagar, District-Samastipur.
               2.   Kamal Rajak Son of Late Bigu Rajak, R/o Village-Hasanpur Surat, P.S.
                    Patori, District- Samastipur.
                                                                        ... ... Petitioner/s
                                                      Versus
               1.   The State of Bihar through the Principal Secretary, Department of
                    Agriculture, Government of Bihar, Patna.
               2.   The Principal Secretary, Department of Agriculture, Government of Bihar,
                    Patna.
               3.   The Administrator, Bihar State Agriculture Marketing Board (dissolved),
                    Pant Bhawan, Bailey Road, Patna.
               4.    The Sub-Divisional Officer cum Special Officer, Agriculture Produce
                     Market Committee (dissolved), Sahpur Patori, District-Samastipur.
                                                                             .. ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s   :       Mr. Jai Prakash Verma, Advocate
                    For the Respondent/s   :       Mr. Government Advocate (7)
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                          ORAL ORDER

2    24-03-2026                       Heard the parties.

                                  2. At the outset, the learned counsel for the petitioner

                      seeks permission to withdraw the present writ petition with a

                      liberty    to    take    appropriate    recourse     for       payment   of

                      compensation from the State Government.

                                  3. The permission, so sought for, is accorded.

                                  4. The writ petition is dismissed as withdrawn.



                                                (Ritesh Kumar, J)
AjayMishra/-

U

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