Created by Fuzzy Cloud

Patna High Court

Simpi KumariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the petitioner to withdraw the writ petition and dismissed it as withdrawn.

Summary

Simpi Kumari filed a civil writ petition in the Patna High Court against the State of Bihar and several officials, seeking relief. The petitioner later requested permission to withdraw the petition so she could pursue compensation before the Railway Claim Tribunal and other appropriate authorities. The State argued that the writ petition was not maintainable. The Court, without addressing the merits, granted the petitioner liberty to withdraw the petition and dismissed it as withdrawn. Consequently, the petitioner may now seek compensation through the appropriate forum.

Issues considered

  • Whether the writ petition is maintainable
  • Whether the petitioner can be permitted to withdraw the writ petition

Subjects

  • writ petition
  • withdrawal
  • compensation
  • Railway Claim Tribunal
  • maintainability
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4755 of 2026
                 ======================================================
                 Simpi Kumari W/O or C/O- Late Rishu Kumar, R/O village- Koraipur, P.S-
                 Obra, District- Aurangabad.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar.
           2.    The District Magistrate-cum-Collector, Aurangabad.
           3.    The Additional Collector, Aurangabad.
           4.    The District Programming Officer (I.C.D.S), Aurangabad.
           5.    The Child Development Project Officer, Obra, Aurangabad.
           6.    The District Supply Officer, Aurangabad.
           7.    The Block Supply Officer, Obra, Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Ms. Mukul Kumari, Advocate
                 For the Respondent/s   :       Mr. Standing Counsel (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   31-03-2026                 Learned Counsel for the petitioner and learned Counsel

                   for the State are present.

                               2. After some argument, learned Counsel for the

                   petitioner seeks permission to withdraw the writ petition with

                   liberty to avail the remedy for grant of compensation before the

                   Railway Claim Tribunal and for other relief she shall move before

                   the appropriate authority by way of filing representation.

                               3. Learned Counsel for the State submits that this writ

                   petition is not maintainable.

                               4. In the light of the submissions, this Court without

                   entering into the merit or demerit of the case, grants liberty to
         Patna High Court CWJC No.4755 of 2026(2) dt.31-03-2026
                                                     2/2




                   withdraw the writ petition.             Accordingly, this writ petition is

                   dismissed as withdrawn with the aforesaid liberty.



                                                                    (Dr. Anshuman, J)
    Mkr./-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.