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Patna High Court

Hemanand Prasad Yadav @ Hemanand YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the withdrawal of the writ petition and dismissed it as withdrawn.

Summary

The petitioners, six residents of Kishanganj district, filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and its officials. The Court identified a procedural defect (Defect No. 46) in the petition. The petitioners subsequently sought the Court's permission to withdraw the writ petition in view of the defect. The learned counsel for the State opposed the withdrawal. The Court examined whether a writ petition can be withdrawn after a defect is pointed out. Finding no impediment, the Court granted permission to withdraw and dismissed the petition as withdrawn.

Issues considered

  • Whether a civil writ petition may be withdrawn after the Court has identified a procedural defect

Subjects

  • withdrawal of writ petition
  • procedural defect
  • Civil Writ Jurisdiction
  • Patna High Court
  • petition dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.9275 of 2024
                 ======================================================
           1.     Hemanand Prasad Yadav @ Hemanand Yadav Son of Kameshwar Yadav
                  Resident of Village Chikani Singari, P.S. Kochadhaman, District -
                  Kishanganj.
           2.    Deepak Kumar Yadav Son of Bahadur Prasad Yadav, Resident of Village
                 Chikani (Singari), P.S. Kochadhaman, District - Kishanganj.
           3.    Mahesh Lal Singh son of Vrij Mohan Singh, Resident of Village Pothia,
                 Belgachhi, P.S.- Pothiya, District- Kishanganj.
           4.    Rajesh Ram son of Rambiksh Ram, Resident of Patharia, P.S. Thakurganj,
                 District- Kishanganj.
           5.    Sima Tudu wife of Filiman Hansada, D/o Biplo Tudu, Resident of Mahesh
                 Bathana Gachpar, P.S.- Kishanganj, District - Kishanganj.
           6.    Asha Devi wife of Kishore Mirgha, D/o Ramcharan Mirgha, Resident of
                 Chakla Balubari, P.S. - Kishanganj, District - Kishanganj.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Home Department of
                 Bihar, Patna.
           2.    The Director General of Police, Bihar.
           3.    The District Magistrate, Kishanganj.
           4.    The Superintendent of Police, Kishanganj.
           5.    The District Commandant, Bihar Home Guard, District - Kishanganj.
           6.    The District Welfare Officer, District - Kishanganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Subhash Kumar Jha, Advocate
                 For the Respondent/s   :       Mr. Kamlesh Kishore, AC to SC-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-02-2026                    Learned counsel for the petitioners and learned

                   counsel for the State are present.

                               2. In light of the defect pointed out by the Office as

                   Defect No. 46, learned counsel for the petitioners seeks

                   permission to withdraw the present writ petition.
         Patna High Court CWJC No.9275 of 2024(2) dt.16-02-2026
                                                     2/2




                               3. Permission, as prayed for, is granted.

                               4. Accordingly, the present writ petition stands

                   dismissed as withdrawn.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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