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Patna High Court

Gudiya DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the withdrawal of the writ petition and dismissed it without reaching the merits.

Summary

Gudiya Devi filed a civil writ petition in the Patna High Court seeking relief against the State of Bihar and several officials. The petitioner, through counsel, requested permission to withdraw the writ and instead pursue the grievance before the Bihar State Election Authority. The Court examined the office notes and considered the petitioner's request. It granted the permission to withdraw the writ application, emphasizing that the petitioner may approach the appropriate authority. The Court dismissed the writ as withdrawn, expressly stating that it did not adjudicate the merits of the case.

Issues considered

  • Whether a petitioner may be permitted to withdraw a civil writ petition and pursue the grievance before the appropriate authority.

Subjects

  • writ petition
  • withdrawal
  • civil procedure
  • Patna High Court
  • state election authority

Judgment

                              IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7523 of 2026
                 ======================================================
                 Gudiya Devi W/o Sonu Sah, Resident of Village- Karahanshi, P.S.- Buxar
                 (Muffasil), District- Buxar.

                                                                       ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Principal Secretary, Co-operative Department
                 Government of Bihar, Patna.
           2.    The Bihar State Election Authority, 32 Harding Road, Patna 800001.
           3.    The Registrar, Co-operative Department, New Secretariat, Bailey Road,
                 Patna.
           4.    The District Magistrate, Buxar.
           5.    The Block Development Officer, Buxar.
           6.    Baban Sah, S/o late Shankar Sah, Resident of village- Karahanshi, P.S-
                 Buxar (Muffasil), District- Buxar.

                                                                 ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s  : Mr. Mithilesh Kumar Upadhyay, Adv.
                 For the Respondent/s  : Mr. Addl. Advocate General (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
                                         ORAL ORDER

2   25-06-2026               Perused the office notes.

                             2. At the very outset, learned counsel for the

                  petitioner submits that though the matter is listed on Board

                  under the heading “Office Notes”, he may be permitted to

                  withdraw this writ application with liberty to raise his

                  grievance as raised in this writ application before the

                  appropriate authority i.e. Bihar State Election Authority.

                             3. Permission, as sought for, is accorded.

                             4. Accordingly, this writ application is dismissed as

                  withdrawn with the aforesaid liberty.
            Patna High Court CWJC No.7523 of 2026(2) dt.25-06-2026
                                                        2/2




                                  5. It is made clear that this Court has not entered

                      into the merits of the case.



                                                 (Girijish Kumar, J)
brajesh/-

U


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