Patna High Court
Samir Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Court permitted the withdrawal of the writ petition and granted the petitioner liberty to approach the competent authority within two weeks.
Summary
Petitioner Samir Kumar Bharti filed a civil writ petition challenging an order passed by the Circle Officer, Lakhisarai. During the hearing, the petitioner sought to withdraw the writ application and requested liberty to approach the competent authority against the Circle Officer's order. The Court, after hearing counsel, allowed the withdrawal and directed that the petitioner may file an application before the competent authority within two weeks, with the authority required to dispose of it within four weeks. No substantive merits of the original writ were adjudicated. Consequently, the writ petition was disposed of with the liberty granted to the petitioner.
Issues considered
- What procedural permission is required for a petitioner to withdraw a writ petition and seek relief from a competent authority?
Subjects
- writ petition
- withdrawal
- competent authority
- administrative order
- procedural liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7736 of 2026
======================================================
Samir Kumar Bharti S/o Late Onkar Nath Bharti and Late Smt. Saraswati
Bharti, R/O Village - Dharam Rai Chak, Ward No. 7, P.S- Lakhisarai, District
- Lakhisarai, Bihar, at present residing at B/12, Vyas Nagar-2, P.O.- Ashiana
Nagar, District- Patna, Pincode-800025.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. Principal Secretary, Department of Revenue and Land Reforms, Government
of Bihar, Patna.
3. Principal Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
4. Bihar Urban Infrastructure Development Corporation (BUIDCO), Patna
through the Managing Director, Bihar at Patna.
5. Managing Director, Bihar Urban Infrastructure Development Corporation
(BUIDCO), Patna.
6. Commissioner, Munger Division, Munger, District-Munger.
7. District Magistrate-cum- Collector, Lakhisarai, District- Lakhisarai.
8. Circle Officer, Lakhisarai, District- Lakhisarai.
9. Officer-in-Charge, Town Police Station, Lakhisarai, District- Lakhisarai.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Subhash Kumar, Advocate
For the Respondents : Mr. Lalit Kishor, Sr. Advocate
Mr. R.K. Priyadarshi, Advocate
For the State : Mr. G.A. (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 24-06-2026 Heard the learned counsel for the parties at length.
2. On certain queries put by the Court to the learned
counsel for the petitioner, it seems that good sense has prevailed
over him and in view thereof, he has prayed for withdrawal of the
writ application albeit with liberty to approach the competent
authority against the order passed by Circle Officer, Lakhisarai.
Patna High Court CWJC No.7736 of 2026(2) dt.24-06-2026
2/2
3. Such an application may be filed by the petitioner
preferably within two weeks henceforth and the authority before
whom he prefers an application, is duty bound to dispose of the
same within four weeks thereafter.
4. Accordingly, this writ application is disposed of
with the aforesaid liberty.
(Rana Vikram Singh, J)
Smriti/Supratim-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.