Patna High Court
Chandan Dhari PrasadversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The Court held that the writ application may be withdrawn and the petitioner may seek relief under the Industrial Relations Code, 2020.
Summary
Chandan Dhari Prasad filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and several officials and entities. The petitioner sought the Court’s permission to withdraw the writ application and instead pursue his grievance before the appropriate forum under the Industrial Relations Code, 2020. The State’s counsel raised no objection to the withdrawal. The Court examined whether a writ petition could be withdrawn and the petitioner could be directed to the statutory remedy under the Industrial Relations Code. It held that the petitioner may withdraw the writ and is free to approach the forum provided by the Industrial Relations Code. Accordingly, the writ application was permitted to be withdrawn with liberty to avail the remedy under the Code.
Issues considered
- Whether a petitioner may be allowed to withdraw a civil writ petition and pursue the remedy under the Industrial Relations Code, 2020
Legislation cited
Subjects
- writ jurisdiction
- withdrawal of petition
- Industrial Relations Code 2020
- labour law
- jurisdiction
- remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.688 of 2026
======================================================
Chandan Dhari Prasad Son of Jeetendra Dhari Prasad, Resident of Village-
Goraila, P.S. Naubatpur, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Labour
Resources Department, Government of Bihar, Patna.
2. The Secretary, Labour Resources Department, Government of Bihar-cum-
Chief Executive Officer, Bihar Skill Development Mission (BSDM), Bihar,
Patna.
3. The Development Commissioner-cum-Chairman, Governing Council, Bihar
Skill Development Mission (BSDM), Bihar, Patna.
4. The Mission Director, Bihar Skill Development Mission (BSDM), Bihar,
Patna.
5. The Project Director, Bihar Skill Development Mission (BSDM), Bihar,
Patna.
6. The District Magistrate, Siwan.
7. The District Employment Officer, Siwan.
8. M/s ERNST and YOUNG LLP through it Chairman, registered office
Ground Floor, Plot No. 67, Institutional Area, Sector- 44, Gurgaon Sector-
45 Haryana, India- 122003.
9. The Director, Sagar Micronics Pvt. Ltd, Flat No. 105, B. Block, S.L.
Apartment, Near NABARD, Bihar Building, Punaichak, Rajbanshi Nagar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Respondent/s : Mr. Sanjay Kumar, AC to G.P.23
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. After some argument, learned Counsel for the
petitioner seeks permission to withdraw this application to
move before the appropriate forum under the Industrial Relation
Patna High Court CWJC No.688 of 2026(2) dt.02-02-2026
2/2
Code, 2020.
3. Learned Counsel for the State has no objection for
the same.
4. Permission is accorded.
5. In this view of the matter, this writ application is
permitted to be withdrawn with liberty to the petitioner to avail
the remedy available under the Industrial Relation Code, 2020
(35 of 2020) notified in the extraordinary gazette dated 21st
November, 2025.
(Dr. Anshuman, J)
Mkr./-
U
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