Patna High Court
Kajal KumariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The Court permitted the petitioner to withdraw the writ petition and granted liberty to pursue the matter later.
Summary
Petitioner Kajal Kumari filed a writ petition but later realized a drafting mistake omitted a crucial matter. Her counsel requested permission to withdraw the petition and to be allowed to pursue the case later after obtaining information under the Right to Information Act. The State and other respondents opposed the withdrawal. The Court examined whether a petitioner may withdraw a writ petition and be granted liberty to re‑file. It held that the petitioner could be allowed to withdraw the petition with liberty to approach the Court again after securing the required information. Accordingly, the writ petition was dismissed as withdrawn with the liberty granted.
Issues considered
- Whether the petitioner may withdraw the writ petition and be granted liberty to re‑file after obtaining information under the RTI Act?
Subjects
- writ petition
- withdrawal
- procedural
- Right to Information
- drafting mistake
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4430 of 2026
======================================================
Kajal Kumari D/o Shri Lalan Rajak R/o Mohalla- Mogalpura, Police Chowki-
Shankar Vatika Patna City, P.S.- Khajekalla, Dist.- Patna, Pin Code- 800008.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Law Department, Old Secretariat,
Patna, Bihar.
2. The Registrar General, Patna High Court, Patna.
3. The Registrar, Recruitment and Appointment Department of High Court
Patna, Veerchand Patel Road Area, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shivani Mishra, Advocate
For the State : Mr. Ravi Kumar (AC to GP-13)
Mr. Akshay Lal Prasad (AC to GP-13)
For the Resp. nos.2 & 3 : Mr. Ashhar Mustafa, Advocate
Ms. Anita Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 26-03-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Respondent
nos. 2 and 3.
2. Learned counsel for the petitioner submits that due
to inadvertent drafting mistake, the matter which ought to be
added in the pleading, has not been added. He also submits that
it has been informed to him today, that the information under
Right To Information has been demanded. As such, he seeks
permission to withdraw the present writ petition with liberty to
pursue further upon getting information under RTI.
Patna High Court CWJC No.4430 of 2026(2) dt.26-03-2026
2/2
3. Permission is granted.
4. As such, this writ petition is dismissed as
withdrawn with aforesaid liberty.
(Dr. Anshuman, J)
Divyansh/-
U
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