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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the withdrawal of the writ application and granted liberty to file a fresh writ.

Summary

The petitioners filed a civil writ application before the Patna High Court challenging actions of the State of Bihar and its education officials. During the pendency of the writ, certain developments occurred that rendered the original cause of action moot. The petitioners therefore moved the court to withdraw the writ application, seeking liberty to file a fresh writ for the new cause of action. The learned counsel for the petitioners argued that the writ had become infructuous. The court accepted the petitioners' request and disposed of the writ application as withdrawn, granting them liberty to file a fresh writ. No substantive merits of the original claim were adjudicated.

Issues considered

  • What is the appropriate procedure for withdrawing a pending writ application?
  • Whether the court may grant liberty to the petitioners to file a fresh writ for a new cause of action.

Subjects

  • civil writ jurisdiction
  • withdrawal of writ
  • fresh writ
  • procedural law
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9798 of 2025
                 ======================================================
           1.     Niraj Kumar Son of Tapeshwar Yadav, Resident of Mohalla- Adarsh Nagar,
                  Ward No. 8, P.S.- Madhepura, District- Madhepura.
           2.    Pravin Kumar Prabhakar, Son of Raj Kumar Mandal, Resident of Village-
                 Champa Nagar, P.S.- Singheshwar District- Madhepura.
           3.    Nilam Kumari, Wife of Dineshwar Prasad, Resident of Village- Kabiyahi,
                 P.S.- Shankarpur, District- Madhepura.
           4.    Bidyanand Swarnkar, Son of Sibnandan Swarnkar, Resident of Village-
                 Surya Garh, P.S. Gamhariya, District- Madhepura.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Human Resources, Govt. of Bihar, Patna.
           2.    The Director, Primary Education, Govt. of Bihar, Patna.
           3.    The District Education Officer, Madhepura.
           4.    The District Programme Officer, Establishment Madhepura, District-
                 Madhepura.
           5.    The Block Education Extension Officer, Shankarpur, Madhepura.
           6.    The Chairman, Sri Gorelal added Middle School Kabiyahi, Shankarpur,
                 Madhepura.
           7.    The Secretary cum Incharge Headmaster, Managing Committee, Middle
                 School Kabiyahi, Shankarpur, Madhepura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Kumar Vishoka Nand, Adv
                 For the Respondent/s   :      Mr.Standing Counsel (6)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   31-03-2026                   Heard learned counsel for the petitioners and learned

                   counsel appearing for the respondent-State.

                               2. After advancing some argument, learned counsel

                   for the petitioners submits that on account of certain

                   developments that have taken place during the pendency of the

                   present writ application, for the moment, this writ application
          Patna High Court CWJC No.9798 of 2025(3) dt.31-03-2026
                                                      2/2




                    has become infructuous, and therefore, he seeks to withdraw the

                    writ application with liberty to file a fresh writ application for

                    the new cause of action that has arisen during the pendency of

                    the writ application.

                                3. As prayed for, this writ application is disposed of as

                    withdrawn with liberty as aforesaid.



                                            (Alok Kumar Sinha, J)
kiran/-

U


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