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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WITHDRAWN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The Court held that a writ petition may be withdrawn upon the petitioner’s request when the grievance is settled, and therefore dismissed the petition as withdrawn.

Summary

The petitioner, Niraj Kumar, filed a civil writ petition challenging the actions of the State of Bihar officials. During the pendency of the petition, the petitioner’s grievance was resolved amicably. The petitioner’s counsel then applied to withdraw the petition on the ground that it had become infructuous. The Court considered whether it could permit the withdrawal of a pending writ petition. The Court granted permission to withdraw and ordered the petition to be dismissed as withdrawn.

Issues considered

  • Whether a civil writ petition may be withdrawn by the petitioner when the underlying grievance has been settled?

Subjects

  • writ petition
  • withdrawal
  • infructuous
  • civil writ jurisdiction
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9290 of 2024
                  ======================================================
                  Niraj Kumar S/o Late Chandra Mohan Das R/o Village- Vijaynagar, P.O.-
                  Banka, P.S.- Banka, District- Banka, Bihar, Pin Code- 813102.
                                                                              ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through the Director, Soil Conservation, Krishi Bhawan,
                   Mithapur, Patna.
            2.    The Chief Executive Officer, Krishi Bhawan, Mithapur, Patna.
            3.     The Assistant Director (Sashya) Soil Conservation, Banka.
                                                                           ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       Mr.Awadhesh Kumar Mishra, Adv.
                  For the Respondent/s   :       Mr.Standing Counsel (16)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

2    12-02-2026                     Heard Learned Counsel for the petitioner and

                    Learned Counsel for the State.

                                2. Learned Counsel for the petitioner submits that

                    during pendency of the present writ petition, the grievance of

                    the petitioner has been settled. As such, he seeks permission to

                    withdraw this case as having become infructuous.

                                3. Permission is granted.

                                4. Accordingly, the present writ application is hereby

                    dismissed as withdrawn.



                                                                 (Dr. Anshuman, J)
Prakashmani/-

U


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