Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The Court allowed the withdrawal of the writ petition and dismissed it, granting the petitioner liberty to seek his remedy under the Bihar Prohibition and Excise Act, 2016.
Summary
Petitioner Jitendra Kumar filed a civil writ petition in the Patna High Court seeking permission to withdraw the writ and instead pursue the remedy provided under the Bihar Prohibition and Excise Act, 2016. The State of Bihar and its officials were served as respondents. The petitioner’s counsel requested the court’s leave to withdraw, while the State’s counsel raised no objection. The Court examined whether a writ petition could be withdrawn when a statutory remedy is available. Finding no impediment, the Court granted the petitioner's request, dismissed the writ as withdrawn, and allowed the petitioner to approach the appropriate authority under the Act.
Issues considered
- Whether a petitioner may be permitted to withdraw a civil writ petition and pursue the statutory remedy under the Bihar Prohibition and Excise Act, 2016.
Legislation cited
Subjects
- civil writ jurisdiction
- withdrawal of petition
- statutory remedy
- prohibition and excise law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5131 of 2026
======================================================
Jitendra Kumar, Son of Julum Chaudhary, Resident of Village- Shahpur
Babhnauli, Narhi, P.S.- Narhi, District- Ballia (U.P.).
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Bailey
Road, P.S.- Kotwali, Patna-1
2. The Principal Secretary, Prohibition and Excise, Bailey Road, Patna-1
3. The Collector, Bhojpur at Ara
4. The Superintendent, Prohibition and Excise, Bhojpur at Ara
5. The Superintendent of Police, Bhojpur at Ara
6. The Station House Officer, Jagdishpur P.S., Bhojpur at Ara
7. Mr. Rana Vikas Kumar, Investigating Officer, Jagdishpur Excise and
Prohibition P.S. Case No.24 of 2026, District- Bhojpur
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate
For the Respondent/s : Mr. Standing Counsel (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 12-05-2026 Mr. Amarendra Nath Verma, learned counsel for the
petitioner seeks permission to withdraw this writ application
with liberty to pursue the statutory remedy available to the
petitioner under the Bihar Prohibition and Excise Act, 2016 (as
amended up to date).
2. Learned counsel for the State has no objection to
the same.
3. Permission is granted.
Patna High Court CWJC No.5131 of 2026(2) dt.12-05-2026
2/2
4. This writ application is dismissed as withdrawn
with liberty to the petitioner to seek his remedy before the
competent authority/forum in accordance with law.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
lekhi/-
U
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