Patna High Court
Mithlesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The application is dismissed as withdrawn.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 The High Court, after considering the request, dismissed the application as withdrawn, thereby terminating the proceedings without addressing the substantive reliefs sought.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
- Bihar Panchayat Raj Act, 2006 — s. 44(4)
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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