Patna High Court
Ishwar DayalversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RITESH KUMAR
Holding
The court permitted the withdrawal of the writ petition and dismissed it as withdrawn.
Summary
Ishwar Dayal filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and several officials. The petitioner sought the court's permission to withdraw the writ petition so that he could pursue a statutory appeal under Rule 23 of the Bihar CCA Rules, 2005. The respondents did not oppose the withdrawal. The court considered whether a writ petition could be withdrawn in favor of an alternative statutory remedy. Finding no objection and recognizing the petitioner's right to seek the alternative remedy, the court allowed the withdrawal. Consequently, the writ petition was dismissed as withdrawn.
Issues considered
- Whether a petitioner may withdraw a civil writ petition to avail a statutory appeal under Rule 23 of the Bihar CCA Rules, 2005
Subjects
- writ petition
- withdrawal
- statutory appeal
- Rule 23
- Bihar CCA Rules
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4706 of 2026
======================================================
Ishwar Dayal S/o Late Vishwanath Prasad @ Late Vishwanath Prasad
Malakar, Resident of Mohalla- Ram Krishna Mission Lane, Langar Toli, P.S.-
Kadamkuan, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Planning and
Development, Government of Bihar, Old Secretariat, Patna.
2. The Director, Directorate of Economics and Statics, Govt. of Bihar, Planning
and Development Department, Patna.
3. The Joint Director, Directorate of Economics and Statics, Planning and
Development Department, Govt. of Bihar, Patna.
4. The Additional Secretary Cum Chief Vigilance Officer, Rural Development
Department, Govt. of Bihar, Patna.
5. The Additional Collector Cum Conducting Officer Departmental Enquiry
Patna, Dist.- Patna.
6. The District Stastical Officer, Patna, District- Patna.
7. The District Stastical Officer, West Champaran (Bettiah).
8. The Accountant General, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
For the State : Mr. Kinkar Kumar, SC-9
For the Acc. General : Mrs. Ritika Rani, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 30-03-2026 Heard the parties.
2. After some argument, the learned counsel for the
petitioner seeks permission to withdraw the present writ petition
to avail the alternative remedy of filing statutory appeal as per
the provisions contained in Rule 23 of the Bihar CCA Rules,
2005.
3. The learned counsels for the respondents do not
Patna High Court CWJC No.4706 of 2026(2) dt.30-03-2026
2/2
object to the same.
4. Accordingly, the present writ petition is dismissed
as withdrawn.
(Ritesh Kumar, J)
AjayMishra/-
U
Checking your session…