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Patna High Court

Ashok KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court may grant permission to withdraw a pending writ application and dismiss it as withdrawn.

Summary

The petitioner, Ashok Kumar, filed a civil writ application before the Patna High Court. During the hearing, the petitioner’s counsel sought permission to withdraw the pending application. The court considered its inherent power to allow withdrawal of a writ petition where no prejudice is caused. The judges exercised discretion and granted the petitioner's request. Consequently, the writ application was dismissed as withdrawn and any other pending applications were ordered to stand disposed.

Issues considered

  • Whether the court may permit withdrawal of a pending writ application

Subjects

  • withdrawal of writ
  • civil writ jurisdiction
  • application dismissed
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.9601 of 2025
                 ======================================================
                 Ashok Kumar Through its Proprietor Sri Ashok Kumar, Male aged about 53
                 years, Son of Late Anandi Prasad, having its Office at Gaushala, P.O. - New
                 Jute Mills, P.S. and District - Katihar, Pin Code- 854107.

                                                                            ... ... Petitioner

                                                   Versus

           1.    The State of Bihar Through the Additional Chief Secretary, Rural Works
                 Department, (Govt. of Bihar), Patna.
           2.    The Superintending Engineer, Works Circle, Purnea, Rural Works
                 Department (Govt. of Bihar).
           3.    The Nodal Officer, MMGSUY -Cum- Secretary to Engineer in- Chief-cum-
                 Additional-Commissioner -cum- Special Secretary (Technical), Rural Works
                 Department (Govt. of Bihar).
           4.    The Chief Engineer- 04, Purnea Region, Rural Works Department (Govt. of
                 Bihar).
           5.    The      Engineer-in-Chief-cum-Additional      Commissioner-cum-Special
                 Secretary, Rural Works Department (Govt. of Bihar).
           6.    The Executive Engineer, Rural Works Department, Works Division,
                 Manihari.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :      Mr. Madhumay Madhup, Advocate
                 For the State         :      Mr. S.D. Sanjay, AG
                                              Mr. Rahul Kumar, AC to AG
                                              Mr. Lokesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                          (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

6   02-07-2026                  Learned counsel for the petitioner seeks permission

                   to withdraw the present application.

                                2. Permission, as prayed for, is accorded.

                                3. Accordingly, the present writ application stands
            Patna High Court CWJC No.9601 of 2025(6) dt.02-07-2026
                                                        2/2




                      dismissed as withdrawn.

                                  4. Pending application(s), if any, shall also stand

                      disposed of.


                                                              (Sudhir Singh, J.)


                                                          (Ranjan Kumar Jha, J.)

Gaurav Kumar,
Atul/-

U


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