Patna High Court

Bushra khatoonversusThe Principal Chief Commissioner of Income Tax,

Decided: 8 April 2026
Disposal: DISMISSED
Bench: MOHIT KUMAR SHAH ARUN KUMAR JHA

Holding

The writ petition is dismissed as not pressed.

Summary

Petitioner Bushra Khatoon filed a writ petition challenging orders of the Income Tax authorities. While the petition was pending, the petitioner filed an appeal against the same orders. The petitioner’s counsel subsequently informed the court that the writ petition would not be pursued, as the appeal was already pending. The respondents’ senior counsel raised no objection to the withdrawal. The Court, accepting the petitioner's decision and the lack of objection, dismissed the writ petition as not pressed.

Issues considered

Whether a writ petition may be dismissed when the petitioner elects not to press it after filing a separate appeal against the same orders

Subjects

writ petition
tax assessment
withdrawal
High Court
appeal
not pressed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.9398 of 2025
                 ======================================================
                 Bushra khatoon Wife of Mahammad Akhtarul Islam, Resident of Quaisar
                 House, Khalilpura Road, Phulwarisharif, P.S- Phulwarisharif, District-Patna
                 (Bihar)-801505.
                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The Principal Chief Commissioner of Income Tax, Patna, Bihar.
           2.    The National Faceless Assessment Unit, Income Tax Department, New
                 Delhi.
           3.    The Assessing Officer, Income Tax, Darbhanga, Patna.


                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Hafiz Shahbaz Arif, Advocate
                                              Mr. Allama Abdul, Advocate
                                              Mr. Quadir Jamal Faridi. Advocate
                 For the Respondent/s   :     Ms. Archana Sinha @ Archana Shahi, Sr. Advocate
                                              Ms. Shilpi Kesri, JC
                                              Mr. Alok Kumar, Advocate
                                              Ms. Swarna Raj, Advocate
                                              Mr. Akshat Arghya, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   08-04-2026                   The learned counsel for the petitioner seeks not to

                   press the present writ petition in view of the fact that he has

                   already filed an appeal challenging the impugned orders which

                   have been assailed in the present writ petition.

                                 2. The learned senior counsel for the respondents has

                   got no objection.

                                 3. Accordingly, the present writ petition stands
           Patna High Court CWJC No.9398 of 2025(2) dt.08-04-2026
                                                       2/2




                     dismissed as not pressed.



                                                (Mohit Kumar Shah, J)


                                                   (Arun Kumar Jha, J)
Ashish/-

U

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