Patna High Court
Hemanand Prasad Yadav @ Hemanand YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
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The Court allowed the withdrawal of the writ petition and dismissed it as withdrawn.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 The Court examined whether a writ petition can be withdrawn after a defect is pointed out. Finding no impediment, the Court granted permission to withdraw and dismissed the petition as withdrawn.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- Whether a civil writ petition may be withdrawn after the Court has identified a procedural defect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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