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Patna High Court

Asphak KhanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ petition is permitted to be withdrawn as it is premature under the Bihar State Litigation Policy, 2011.

Summary

The petitioner, Asphak Khan, filed a civil writ petition in the Patna High Court against the State of Bihar and related officials, seeking relief. The petitioner’s counsel argued that the petition should be withdrawn as it was premature under Clause 4.C of the Bihar State Litigation Policy, 2011. The State counsel contended that the cause of action arose in 2017 and that the petitioner had delayed nine years before approaching the court. The court examined the policy provision, noting that a cause of action for such writs arises only after earlier writs for similarly situated persons are decided, and considered the long delay. Accordingly, the court permitted the writ petition to be withdrawn. The order was pronounced by Justice Dr. Anshuman.

Issues considered

  • Whether the writ petition is premature under Clause 4.C of the Bihar State Litigation Policy, 2011
  • Whether the nine‑year delay in filing bars the petition

Subjects

  • writ petition
  • withdrawal
  • prematurity
  • Bihar State Litigation Policy
  • cause of action
  • delay
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4649 of 2026
                 ======================================================
                 Asphak Khan S/o Istiyak Khan, R/o Vill-Dumari, Post-Kiblaspur, Dumri,
                 Dist.-Kaimur (Bhabhua).

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Director General of Police, Bihar.
           2.    The Principal Secretary, Home Department, Government of Bihar, Patna.
           3.    The Central Selection Board (Constable Recruitment) through its Chairman,
                 Sai Tara Complex, IAS Colony, Jawaharlal Nehru Marg, Patna.
           4.    The Chairman Central Selection Board (Constable Recruitment), Sai Tara
                 Complex, IAS Colony, Jawaharlal Nehru Marg, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Sudhanshu Prakash, Advocate
                 For the Respondent/s   :       Mr. Government Advocate (02)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   30-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. After some arguments, learned counsel for the

                   petitioner submits that the writ petition may be permitted to be

                   withdrawn, as it is premature in light of Clause 4.C of the Bihar

                   State Litigation Policy, 2011.

                               3. Learned counsel for the State, on the other hand,

                   submits that the cause of action arose in the year 2017, and after

                   a lapse of nine years, the petitioner has approached this Court.

                               4. In response thereto, learned counsel for the

                   petitioner submits that there are a series of cases pending since

                   2017 onwards, but no final decision has been rendered.
         Patna High Court CWJC No.4649 of 2026(2) dt.30-03-2026
                                                     2/2




                               5. In light of the submissions made above, particularly

                   considering Clause 4.C of the Bihar State Litigation Policy,

                   2011, the cause of action shall arise to the petitioner only after

                   allowing earlier writs in favour of similarly situated persons.

                               6. Accordingly, the present writ petition is hereby

                   permitted to be withdrawn.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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