Patna High Court
Sarvshree Ocean Filtration Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
A writ petition may be withdrawn at any stage before a final order, and the court may grant liberty to avail an amnesty policy.
Summary
The petitioner, Sarvshree Ocean Filtration Pvt. Ltd., filed a civil writ petition before the Patna High Court challenging certain actions of the Bihar Industrial Area Development Authority (BIADA). During the hearing on 2 February 2026, the petitioner sought to withdraw the writ petition and requested liberty to avail the Amnesty Policy 2025 issued by BIADA via Office Order No. 3348/L dated 19‑08‑2025. The respondent BIADA opposed the withdrawal, arguing that the petition could not be withdrawn after certain procedural steps. The Court examined whether a party may withdraw a pending writ petition and, if so, whether it may be granted a liberty to avail an amnesty scheme. Relying on established principles that a petitioner may withdraw a petition at any stage unless a final order has been passed, the Court held that the withdrawal could be permitted. The Court also granted the specific liberty sought, allowing the petitioner to benefit from the Amnesty Policy. Accordingly, the writ petition was dismissed as withdrawn with the liberty to avail the amnesty.
Issues considered
- Whether a petitioner may withdraw a pending writ petition
- Whether the court can grant liberty to avail an amnesty policy after withdrawal
Subjects
- writ petition
- withdrawal
- amnesty policy
- civil writ jurisdiction
- Patna High Court
- BIADA
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5136 of 2023
======================================================
Sarvshree Ocean Filtration Pvt. Ltd. at Plot No. NS-4, Bela Industrial Area,
Phase-II, Muzaffarpur through its director Raj Kishore, Male, aged about 51
years, S/o Late Ram Baran Singh, R/o- House Number- B-384, Gali Number-
2, Ashok Nagar, Nand Nagri, North East Delhi- 110093
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Industries,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Industries, Government of Bihar,
Patna.
3. The Bihar Industrial Area Development Authority (BIADA), Udyog
Bhawan, Gandhi Maidan, Patna through its Managing Director.
4. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
5. The Joint, Managing Director, Bihar Industrial Area Development Authority
(BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
6. The Executive Director, Bihar Industrial Area Development Authority
(BIADA), Regional Office, Muzaffarpur.
7. The Deputy General Manager, Bihar Industrial Area Development Authority
(BIADA),Muzaffarpur Cluster.
8. The Development Officer, Bihar Industrial Area Development Authority
(BIADA), Muzaffarpur.
9. The Assistant Regional Manager, Bihar Industrial Area Development
Authority (BIADA),Industrial Area, Muzaffarpur.
10. Area Incharge, BIADA, Bela Industrial Area, Phase-II, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate.
For the Respondent/s : Mr. Vinay Kirti Singh ( GA 2 ) with
Mr. Sumant Kumar Singh, AC to GA 2.
For the BIADA : Mr. Piyush Kumar Pandey, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 02-02-2026 Learned counsel appearing on behalf of the petitioner,
on instructions, submits that the petitioner wants to withdraw the
Patna High Court CWJC No.5136 of 2023(3) dt.02-02-2026
2/2
present writ petition with a leave to avail the Amnesty Policy,
2025 circulated by the Respondent-BIADA vide Office Order No.
3348/L dated 19.08.2025.
2. Permission is granted.
3. Accordingly, the present writ petition is dismissed as
withdrawn with the aforesaid liberty.
(A. Abhishek Reddy, J)
shakir/-
U
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