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Patna High Court

Mithlesh Kumar YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Mithlesh Kumar Yadav, filed a writ petition seeking certiorari to quash a No Confidence Motion and mandamus directing authorities to adjudicate the cancellation of a Panchayat Samiti member’s membership under Section 44(4) of the Bihar Panchayat Raj Act, 2006. The petition also sought a stay on the No Confidence Motion issued on 14‑03‑2026. After filing, the petitioner’s counsel requested permission to withdraw the application. The High Court, after considering the request, dismissed the application as withdrawn, thereby terminating the proceedings without addressing the substantive reliefs sought.

Issues considered

  • Whether the petitioner may withdraw the writ petition after it has been filed

Legislation cited

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • Panchayat
  • membership cancellation
  • withdrawal of petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4288 of 2026
                 ======================================================
                 Mithlesh Kumar Yadav Son of Jay Ram Yadav, Resident of village- Baga,
                 Police Station- Azimabad, District- Bhojpur, Pin code- 802164, Mobile No.-
                 9162797353.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through Secretary, Panchayati Raj Department,
                  Government of Bihar, Patna.
           2.    The Secretary, Panchayati Raj Department, Government of Bihar, Patna.
           3.    The Director, Panchayati Raj Department, Government of Bihar, Patna.
           4.    The Additional Secretary, Panchayati Raj Department, Government of Bihar,
                 Patna.
           5.    The Divisional Commissioner, Patna Division, Patna.
           6.    The District Magistrate-cum-Collector, District- Bhojpur.
           7.    The District Panchayati Raj Officer, District- Bhojpur at Ara.
           8.    The Sub-Divisional Officer, Ara Sadar, District- Bhojpur.
           9.     The Block Development Officer-cum-Executive Officer, Block Panchayat
                  Samiti, Sandesh, District- Bhojpur.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr. Gopal Govind Mishra, Advocate
                 For the Respondent/s   :          Mrs. Shweta Anand, AC to GP-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   02-04-2026                  The petitioner has filed the instant application for the

                   following relief(s):

                                            “(i) For issuance of writ in the nature of
                               Certiorari for quashing the No Confidence Motion
                               dated 14.03.2026 at 11:30 P.M. issued under the
                               signature of 10 Members of Panchayat Samiti, Sandesh
                               and handed over to the Block Development Officer-
                               cum-Executive Officer, Panchayat Samiti, Sandesh in
                               which 4 Members of the Panchayat Samiti has put his
                               signature whose name has recommended by the
                               Pramukh       for     cancellation    of    Membership   on
            Patna High Court CWJC No.4288 of 2026(2) dt.02-04-2026
                                                        2/2




                                   12.03.2026 under Section 44(4) of Bihar Panchayat
                                   Raj Act, 2006 and the Block Development Officer,
                                   Sandesh issued notice vide letter No. 335 dated
                                   13.03.2026 for filing show cause in accordance with
                                   law in the interest of justice.
                                                (ii) For issuance of writ in the nature of
                                   Mandamus for commanding the respondent authorities
                                   for adjudication of issue of Membership in the light of
                                   recommendation made by the Pramukh on the basis of
                                   recommendation vide letter No. 60 dated 12.03.2026
                                   and show cause notice issued vide letter No. 335 dated
                                   13.03.2026 in accordance with law in the interest of
                                   justice.
                                                (iii) For further relief to stay the No
                                   Confidence Motion dated 14.03.2026 which was issued
                                   in retaliation of recommendation dated 12.03.2026 for
                                   cancellation of the membership of the Samiti issued
                                   under the signature of Pramukh, Sandesh Prakhand
                                   during pendency of the writ petition before this Hon'ble
                                   Court.
                                                (iv) For any other relief/reliefs admissible
                                   under the law in the light of factual profile of this case
                                   in the interest of Justice.”
                                  2. Learned counsel for the petitioner seeks permission

                      to withdraw this application.

                                  3. This application is dismissed as withdrawn.


                                                 (Partha Sarthy, J)
Saurabh/-
U


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