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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court held that a writ petition may be withdrawn with its permission when the petitioner’s grievance is settled.

Summary

Niraj Kumar filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and several senior police officials. During the pendency of the petition, the petitioner informed the court that his grievance had been resolved. The petitioner’s counsel requested permission to withdraw the writ application. The respondent’s counsel was present and no opposition was raised. The court examined whether a petitioner may withdraw a writ petition after filing. Relying on established procedural law that a petition can be withdrawn with the court’s leave, the court granted permission. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether a writ petition may be withdrawn by the petitioner after filing
  • Whether court permission is required for withdrawal of a writ petition

Subjects

  • writ petition
  • withdrawal
  • civil writ jurisdiction
  • court permission
  • settlement of grievance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8655 of 2024
                  ======================================================
                  Niraj Kumar Son of Vijay Prasad, Resident of Mohalla- Akbarpur, Police
                  Station-Akbarpur, District- Nawada.
                                                                          ... ... Petitioner/s
                                                    Versus

             1.   The State of Bihar represented through the Principal Secretary, Department
                  of Home (Police), Government of Bihar, Patna.
             2.   The Director General of Police, Bihar, Patna.
             3.   The Additional Director General of Police (Law and Order), Bihar, Patna.
             4.   The Inspector General of Police, Central Range, Patna.
             5.   The Senior Superintendent of Police, Patna.
             6.    The Enquiry Officer -cum- Assistant Superintendent of Police, Sadar, Patna.
                                                                           ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       Mr. Krishna Chandra, Advocate
                  For the Respondent/s   :       Mr. Standing Counsel (7)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

2   03-02-2026                  Learned counsel for the petitioner and learned counsel

                    for the State are present.

                                2. Learned counsel for the petitioner submits that

                    during pendency of the writ petition, the grievance of the

                    petitioner has settled. As such, he seeks permission to withdraw

                    this application.

                                3. Permission is accorded.

                                4. This writ application is dismissed as withdrawn.

                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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