Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RANA VIKRAM SINGH
Holding
The writ petition is dismissed as withdrawn, permitting the petitioner to seek relief before the Bihar Land Tribunal.
Summary
Babita Devi, widow of the late Anil Kumar, filed a civil writ petition in the Patna High Court challenging orders of various state authorities. She later filed an appeal before the Bihar Land Tribunal against those orders, which remains sub‑judice. The petitioner sought to withdraw the writ application, arguing that the appeal provides a sufficient remedy. The Court considered the request and allowed the withdrawal, dismissing the writ petition while granting liberty to pursue the matter before the Tribunal. No substantive merits of the original writ were addressed.
Issues considered
- Can a civil writ petition be withdrawn when an appeal is pending before a specialized tribunal?
Subjects
- civil writ jurisdiction
- withdrawal of writ
- land reform
- appeal pending
- specialized tribunal
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8703 of 2026
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Babita Devi, Wife of Late Anil Kumar, Resident of Mohalla- Ballamichak,
P.O. - Anisabad, P.S. Phulwari Sharif, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary Govt. of Bihar, Patna.
2. The District Magistrate, Patna.
3. Land Reforms Deputy Collector, Patna Sadar.
4. Circle Officer, Patliputra, Patna.
5. Station Head Officer, Beur Police Station, Patna.
6. Rekha Kumari, Wife of Abhishek Prakash, Resident of Mohalla- Lalji Tola,
Near Railway Cabin Patna, P.S. Gandhi Maidan, Patna.
7. Arun Kumar Yadav, S/o Late Ramdeo Prasad, Resident of Mohalla- Lalji
Tola, Near Railway Cabin Patna, P.S. Gandhi Maidan, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate
Mr. Arvind Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 29-06-2026 Mr. Anil Kumar Sinha, learned counsel for the
petitioner prays for withdrawal of the writ application in view of
the fact that the petitioner has already filed an appeal before the
Bihar Land Tribunal against the orders passed by the respondent
authorities and the same is still sub-judice.
2. In the backdrop of the aforesaid submissions, this
writ application is dismissed as withdrawn with a liberty to the
Patna High Court CWJC No.8703 of 2026(2) dt.29-06-2026
2/2
petitioner to avail her remedy before the Bihar Land Tribunal.
(Rana Vikram Singh, J)
Saurabh.kr/
Supratim-
U
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